Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46062 of 2021 Applicant :- Priyanshu Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Sanehi Yadav Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Priyanshu Yadav in Case Crime No.289 of 2021, under Sections 384, 452, 323, 504 and 506 I.P.C., Police Station-Kotwali Nagar Etah, District-Etah with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is alleged that two unknown persons came at the residence of the informant and demanded Rs.5,000/- from him and on the refusal applicant and other accused entered into his house and extended threat to kill family members and started beating and used filthy language. It is also argued that first information report has been lodged by an Advocate who keeps enmity with the father of applicant since last one year. It is also contended that nothing has been recovered from the possession of the applicant or his pointing out.There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 05.04.2021, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Priyanshu 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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 :- 21.12.2021 MN/-