Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4516 of 2021 Applicant :- Raj Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Vimlendu Tripathi,Desh Ratan Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
This is the second bail application moved on behalf of the applicant.
Heard Sri Vimlendu Tripathi, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. No prima facie case is made out against the applicant. Applicant is languishing in jail since 11.9.2016. All the fact witnesses have been examined in the matter. They have not supported the prosecution case. Minimum sentence provided for the offence punishable under section 304-B IPC is seven years. Applicant is in jail in this matter for about five years. Thus, referring to the statement of witnesses recorded during trial, which is annexed with the bail application, it is further argued that the deceased caught fire while cooking food. F.I.R. was lodged on the basis of false facts. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the evidence / witnesses. In case the applicant is enlarged on bail, he will not misuse the liberty of bail. He further argued that due to heavy pendency in the court, there is no likelihood of early conclusion of the trial. Thus, referring to the entire documents, prayer for bail has been made.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, 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 the applicant Raj Kumar Yadav involved in Case Crime No.251 of 2016 (S.T. No.963 of 2016) under Sections 323, 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Utraon, District - Allahabad be released on bail on furnishing a personal bond and two heavy 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. 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.
4. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 21.12.2021 ss