Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27678 of 2021 Applicant :- Raghvendra Alias Kakey Yadav Opposite Party :- State Of U.P Counsel for Applicant :- Alka Upadhyay,Ajay Kumar Pandey,Manish Tiwari,Santosh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has not committed any offence. The applicant is not named in the first information report, which was lodged against one Pradeep Yadav alleging that on 02.08.2020 at 07:00 PM, the brother of first informant, namely, Satyendra Singh (deceased) was taken away by Pradeep Yadav on motorcycle and after that said Pradeep Yadav has committed murder of deceased and ran away. It was submitted that during investigation, said Pradeep Yadav was exonerated by the police and the applicant and co-accused Anil Kumar were falsely implicated in this case. There is no eye-witness of alleged incident. Learned counsel has referred the statement of Jogendra Singh and Sanju, who have merely stated that on 02.08.2020 at 7:25 PM applicant was seen at the spot. It was further stated that nothing incriminating has been recovered from applicant and that alleged recovery of country made pistol shown from applicant, is false and there is no independent witness of alleged recovery and it was planted upon him. It has been further submitted that similarly placed co-accused Anil Kumar has already been granted bail by this Court vide order dated 27.10.2021, passed in Criminal Misc. Bail Application No. 8472 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 06.08.2020, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that during investigation, involvement of applicant was found and that recovery of country made pistol was also made from him. However, it has not been disputed that except the alleged recovery, the role assigned to applicant is similar to co-accused Anil Kumar, who 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Raghvendra Alias Kakey Yadav involved in Case Crime No. 578 of 2020, under Section 302 of IPC, P.S. Sirsaganj, District Firozabad, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 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 Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.30 15:32:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad