Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7690 of 2018 Applicant :- Neeraj Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Deependra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Deependra Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that F.I.R. of the incident has been lodged by the order of Court passed under Section 156(3) Cr.P.C. Further submission is that an incident of Marpeet had taken place in the year 2013 in which applicant had sustained injuries and in respect of which an FIR was lodged by the father of the applicant against the first informant/complainant and her husband in which charge-sheet has been filed in respect of which trial is being proceeded under Sections 323, 324, 504, 506 and 308 IPC. Further submission is that in order to create pressure upon applicant to turn hostile in that case, present FIR has been lodged. Further submission is that applicant is in jail since.06.11.2017. He further submitted that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a case of bail.
Let applicant Neeraj Yadav be released on bail in Case Crime No 138 of 2017, under Sections 376D, 504, 506 I.P.C., P.S. Sultanpur Ghosh, District Fatehpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 27.2.2018 Neeraj