Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49281 of 2018 Applicant :- Radhey Shyam Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sugendra Kumar Yadav,Anand Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Salil Kumar Rai,J.
Heard counsel for the applicant, Sri S.C. Tripathi, counsel for the complainant and learned AGA for the State.
The applicant Radhey Shyam Yadav son of Kavalu Yadav has filed his bail application seeking bail in Case Crime No. 132 of 2018 under Sections 147, 149, 323, 324, 336, 504, 302 IPC, Police Station Bhaluwani, District Deoria.
Case Crime No. 132 of 2018 was registered stating that one Lal Mani and other members of his family which included the applicant, entered into a brawl with the deceased, i.e., the uncle of the complainant and Lal Mani hit the deceased on his head with a brick causing death of the deceased. It has also been alleged in the first information report that the applicant along with other members of his family also injured the applicant by beating him with sticks. A perusal of the post-mortem report shows that the deceased died due to injuries on his head.
It has been contended by the counsel for the applicant that no specific role has been assigned to the applicant in the first information report and the applicant has been falsely implicated only because he is a member of the family of Lal Mani. The applicant is in jail since 1.9.2018.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the veracity of argument led by the learned counsel for the applicant.
Considering the submission of counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Radhey Shyam Yadav involved in Case Crime No. 132 of 2018 under Sections 147, 149, 323, 324, 336, 504, 302 IPC, Police Station Bhaluwani, District Deoria be released on bail on furnishing a personal bond and two sureties each in like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.12.2018 Satyam