Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16103 of 2021 Applicant :- Prahlad Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A.,Shivesh Mishra
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is not named in the F.I.R., which was lodged against unknown persons. It was submitted that involvement of applicant and co-accused Dev Singh was shown on the basis of statement of witness Raghuveer Singh and except the statement of said Raghuveer Singh, there is no evidence against the applicant. Learned counsel has referred several statements and documents and submitted that the statement of witness Raghuveer Singh is not reliable. It has also been stated that the recovery of voter I.Ds. of deceased and his wife was shown from the applicant but the alleged recovery was planted upon him and there is no independent witness of the said recovery. It was further submitted that similarly placed co-accused Dev Singh, from whom bank passbook of deceased was shown recovered, has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 16096 of 2021 vide order dated 22.07.2021. Referring to facts and circumstances of the case and conduct of two wives of deceased, it was argued that applicant has no motive to commit murder of deceased. There is no eye-witness of incident and infact there is no cogent evidence against him. It was further submitted that applicant is languishing in jail since 22.01.2021 having no criminal history and that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that the involvement of applicant was found during investigation. However, it could not be disputed that similarly placed co-accused Dev Singh has already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.
Let applicant Prahlad Yadav involved in case crime no.28 of 2021, under Sections 302, 120-B, 404 IPC P.S. Bhojpura, district Barielly be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of which he is an accused, or suspected, of the commission of he is suspected.
E. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
Order Date :- 6.10.2021 pks