Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11354 of 2018 Applicant :- Pushpendra Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged on 18.10.2017 against two accused persons, namely, Pushpendra Yadav and Ram Yadav alleging that on 29.09.2017 they assaulted the injured Keshav Dev Sharma with lathi-danda and attempted to kill him by throttling and looted some money and mobile.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 09.12.2017 (more than three and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Pushpendra Yadav involved in the Case Crime No. 372 of 2017, under Sections 323, 504, 506, 392, 307, 325 I.P.C., P.S. Hasayan, District Hathras be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.3.2018/A. Tripathi