Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44861 of 2017 Applicant :- Nagendra Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Maohammd Nadeem,Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Affidavit of compliance filed by Sri P.K. Srivastava, learned A.G.A, is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Bolero car no. U.P. 75 P- 3842, Nagendra Yadav and three unknown persons alleging that on 02.06.2013 at about 11:00 p.m. they assaulted the injured Sanjay @ Sethi and Anas with firearm.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; the co-accused Dinesh has been acquitted vide judgment and order dated 05.08.2016 passed by Additional Sessions Judge Fast Track Court No.2, Kannauj; there is no evidence against the applicant; co-accused Sanjay and Anas have turned hostile and not supported the case of prosecution; the case of this accused is not grievous than the accused who has been acquitted; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 27.07.2013 (more than four year and eight months ) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Nagendra Yadav involved in the Case Crime No. 336 of 2013, under Sections 307 I.P.C., P.S. Chhibramau, District Kannauj be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.3.2018 A. Tripathi