Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9008 of 2018 Applicant :- Rajesh Yada V Opposite Party :- State Of U.P.
Counsel for Applicant :- Ran Vijay Singh,Aftab Ahmad Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Ran Vijay Singh,, learned counsel for the applicant and Sri Zafeer Ahmad, leaned AGA appearing for the State.
According to the prosecution story the F.I.R. was lodged against 106 accused persons and some unknown persons alleging that in the District Jail, Varanasi some scuffle had taken place amongst the prisoners.
Learned counsel for the applicant in support of his bail prayer submits that the applicant is innocent and he has falsely been implicated in the present case due to ulterior motive and he has committed no offence. It is next contended that the name of the applicant has been disclosed after eight months of the alleged occurrence. It is also submitted that the co-accused Vaubhav Yadav @ Guddu, Haider Ali, Shyam Narain Patel, Rehan Ali, Vinod @ Bindu, Chotey Lal @ Vijay, Mangala Rajbhar, Sonu Singh, Rajesh Singh @ Chunna Singh, Sateyndra Singh @ Sonu and Sandeep Singh,Vijay Kumar @ Chhedi have already been enlarged on bail by different Benches of this Court and the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, the copies of which have been annexed as Annexures-6 to this bail application, hence the applicant is also entitled to be enlarged on bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.5.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Rajesh Yadav involved in Case Crime No 215 of 2016, under Sections 147, 148, 149, 342, 353, 332, 333, 307, 323, 336. 308, 504, 506, 427, 364-A,364, 368 I.P.C. & 3/4 Prevention of Damages to Public Property Act, 1984, Police Station Cantt., District Varanasi be released on bail on his furnishing a personal bond with two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
Order Date :- 27.4.2018 IA