Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6965 of 2019 Applicant :- Mulayam Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Pandey,Arvind Kumar Yadav,Shailendra Kumar Yadav Counsel for Opposite Party :- G.A..
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submits that applicant is not named in the F.I.R. Learned counsel for the applicant further contended that the applicant's name was not disclosed in the statement recorded under Section 161 Cr.P.C. of eye-witnesses. Two mobile phones has been shown in the recovery memo, which is belonging to the applicant.Nothing incriminating article has been recovered from the possession of the applicant in the present case. Learned counsel for the applicant submits that there is no direct evidence against the applicant to connect the applicant with alleged crime. Co-accused Ajay Kumar Pal has been granted bail by this Court on 10.4.2019. It has been submitted that applicant has no criminal history. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 22.12.2018.
Learned A.G.A. opposed the bail prayer and submitted that applicant is not liable to be enlarged on bail, as there is serious direct allegation against the applicant and it is possible that he may temper the evidence.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Mulayam Yadav involved in Case Crime No. 206 of 2018, under Sections 302, 120-B, 34 I.P.C., P.S. Khutahan, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.5.2019 A. Pt. Singh