Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55565 of 2019 Applicant :- Nilesh Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the applicant has filed supplementary affidavit, same is taken on record.
Heard Ms. Swati Agarwal Srivastava, 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. 04 of 2019, under Sections 302, 201 & 120-B I.P.C., P.S. Didarganj, District Azamgarh.
The submission made by the learned counsel for the applicant is that this is a case of circumstantial evidence. The name of the accused applicant has not been mentioned in the F.I.R. One month after the occurrence, the name of the applicant along with co-accused namely, Deepak Sani Yadav and Ashok @ Pappu emerged on the basis of the information given by the Mukhbir to the police that they were involved in the occurrence. At the instance of co-accused Deepak, Sani Yadav and Ashok @ Pappu, parts of a motor cycle were said to have been recovered which were stated to be that of the motor-cycle of the deceased. No such mention was made in the F.I.R. by the informant that the deceased had gone on motor-cycle but one month after the occurrence the informant had given an application stating there in that his son had gone on a motor- cycle. No recovery has been made at the instance of the accused applicant. He is innocent. As regards criminal history, it is argued that the accused has two criminal cases being Crime No. 200 of 2017 under Section 8/20 of N.D.P.S. Act in which he has granted bail and the another case being Crime No. 19 of 2019, under Section 3(1) of U.P. Gangster Act, in which bail is yet to be moved because the said case has imposed upon him on the basis of the present case. The co-accused has been granted bail by co-ordinate bench of this Court vide order dated 21.08.2019, in Criminal Misc. Bail Application No. 18982 of 2019, copy of order of which is taken on record. The accused applicant is in jail since 06.03.2019, 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 fact that co-accused has already been granted bail and the case of the present applicant is on better footing from the case of the co-accused as name of the accused has not been mentioned in the F.I.R., and 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 Nilesh Kumar 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 :- 17.12.2019 VPS