Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55523 of 2019 Applicant :- Narsingh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Yashpal Yadav, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 1130 of 2013, under Sections 302, 147, 148, 149 I.P.C., P.S. Kapanganj, District Kushinagar.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case by the informant of this case only on the ground of suspicion and there is no direct evidence against the accused applicant. There is no eye witness. Sri Lalman Yadav who is said to be an eye witness of the occurrence has given an affidavit after two months of the occurrence before S.S.P. stating that he had seen all the four accused assaulting the deceased by an axe. It is further argued that earlier F.R. has been submitted three times by the investigating agency. The co- accused namely, Girjesh Yadav and Ashok Bharti @ Ashok have been granted bail by co-ordinate bench of this Hon'ble Court in Criminal Misc. Bail Application No. 44931 of 2019 on 30.10.2019 & Criminal Misc. Bail Application No. 3433 of 2019 on 25.01.2019, orders of which are annexed at page 40 to 43. The case of the accused is at par with that of the other co- accused. He has no criminal history. The accused applicant is in jail since 11.11.2019, 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 facts, 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 Narsingh 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 :- 16.12.2019 VPS