Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34436 of 2019 Applicant :- Raj Bahadur Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Girish Singh,Abhijat Awasthi,Ajay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Sri Abhishek Kumar Yadav, Advocate filed his Vakalantnama on behalf of the complainant is taken on record.
Heard learned counsel for the applicant, Ms. Ladlee Pandey, learned A.G.A. for the State, Sri Abhishek Kumar Yadav, learned counsel for the complainant and perused the record.
According to prosecution case, F.I.R. was lodged against four named accused persons, namely, Raj Bahadur, Akash Yadav @ Pushkar, Badal @ Indivar, Pawan Yadav and two unknown persons alleging that mother of the complainant was killed on 13.4.2019 by shot fire receiving one gun shot injury and one incised wound caused by Akash Yadav @ Pushkar and Badal @ Indivar. Country made pistol used in the crime was recovered at the pointing out of Akash Yadav @ Pushkar and knife used in the crime was also recovered at the pointing out of Badal @ Indivar.
Learned counsel for the applicant submitted that due to property dispute the applicant has been falsely implicated in this case and is languishing in jail since 15.4.2017 (more than four months) having no criminal history. The role of the applicant is of only exhortation. There is no recovery at the pointing out of the applicant. Main role of assault has been assigned against co- accused-Akash Yadav @ Pushkar and Badal @ Indivar. Country made pistol used in the crime was recovered at the pointing out of Akash Yadav @ Pushkar and knife used in the crime was recovered at the pointing out of Badal @ Indivar. The case of the applicant is distinguishable from the case of co-accused- Akash Yadav @ Pushkar and Badal @ Indivar. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 Raj Bahadur Yadav involved in Case Crime No. 153 of 2019, under Section 147, 148, 149, 302, 307, 352, 504, 506 IPC, Police Station-Mau Aima, District-Allahabad be released on bail on furnishing 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 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 :- 26.8.2019 OP