Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6733 of 2018 Applicant :- Raja Ram Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Mehrotra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Learned counsel Sri Mithilesh Kumar Gupta has filed his vakaltnama on behalf of the complainant/ first informant. It may be taken on record.
Heard learned counsel for applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Raja Ram Yadav seeking bail in Case Crime No. 660 of 2017, under Sections 302, 120-B IPC, P.S. Muhammadabad, District Ghazipur.
Learned counsel for the applicant has submitted that the applicant is not named in the FIR and the same has been lodged against unknown persons. He has further submitted that the name of the applicant has surfaced in the statements of Narendra Yadav and Bhaskar Yadav, which has been shown to be recorded on 07.01.2018 after about three months of the incident, in which, they have stated that on the date of incident i.e. on 07.10.2017, they had seen the applicant fleeing away towards the village.
Learned counsel for the applicant has further submitted that the aforesaid witness Bhaskar Yadav had also been interrogated earlier on 08.10.2017 by the Investigating Officer, but on the said date, he had not stated that on the date of incident, he had seen the applicant fleeing away towards the village and his subsequent nomination is nothing but an after thought.
Learned counsel for the applicant has further submitted that neither any recovery has been made from the possession of the applicant nor on his pointing out. The applicant has no criminal history to his credit and he is in jail since 08.01.2018. He has further submitted that there is no chance of applicant fleeing away from the judicial process or tampering the evidence.
Learned AGA and learned counsel for the first informant have vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Raja Ram Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 23.2.2018 Nadim