Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43254 of 2018 Applicant :- Parsuram Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Parsuram Yadav seeking bail in Case Crime No. 165 of 2018, under Sections 307 IPC, P.S. Bilariyagang, District Azamgarh.
Learned counsel for the applicant has submitted that even according to the prosecution own case, the applicant is said to have opened fire upon police personnel However, no police personnel has received any injury. So far as recovery of liquor is concerned, a separate F.I.R. has been lodged vide case crime no. 167 of 2018 under sections 255, 272, 273, 420, 467, 468, 471 I.P.C. section 60/63/72 Excise Act and 51/63 of Copy Right Act P.S. Bilariyaganj, District Azamgarh in which the applicant is an accused.
It is lastly submitted that the applicant is in jail since 21.9.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Parsuram Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.11.2018 R