Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30466 of 2019 Applicant :- Pushpendra Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
This is a bail application on behalf of the applicants Pushpendra Yadav and Dilip Yadav, in connection with Case Crime No. 114 of 2019, under Sections 392, 411 and 120B IPC, P.S. Sikohabad, District Firozabad.
The contention of the learned counsel for the applicants are that they have been falsely implicated in the present case. He further submitted that there is no public and independent witness of the alleged recovery. Offence is triable by the Magistrate. Criminal history of the applicants have been explained in paragraph no. 5 of the bail application. He further submitted that the co- accused- Vishwanath Yadav having similar role, has already been enlarged on bail vide order dated 25.07.2019 passed by this Court in Criminal Misc. Bail Application No. 29902 of 2019. Lastly he submitted that the applicants are languishing in jail since 16.02.2019 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has vehemently opposed the prayer for bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Pushpendra Yadav and Dilip Yadav be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.
v) The applicants 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 30.7.2019 Ujjawal