Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14117 of 2019 Applicant :- Mukesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Singh,Jitendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Counter-affidavit has been filed by learned A.G.A. and the same is taken on record.
Heard Sri Jitendra Pal Singh, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Range Case No. 17 of 2018-2019 under Sections 39(B)(3)51 of Wild Life Protection Act, Range Hapur, District Pilibhit.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; recovery of horn of cheetal was made from the co-accused, Saidav @ Sadhu and not from the present accused, Mukesh Yadav; the present accused applicant is languishing in jail since 1.02.2019; he has no criminal history; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Mukesh Yadav involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 A. Mandhani