Applicant- Rajesh Yadav @ Medi Yadav seeks bail in Case Crime No. 448 of 2009 under Sections 307,504 IPC & 7 Criminal Law Amendment Act, Police Station Tarwa District Azamgarh.
Heard learned counsel for the applicant as well as learned AGA for the State and Sri D.N. Yadav, learned counsel appearing on behalf of the informant and also perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant as well as one, Arvind Yadav are alleged to have opened fire and caused injuries to Jagpat Yadav but according to the supplementary report/X-ray report, no abnormality was detected. He has further contended that the applicant is in jail since 28.8.2009 and the trial has not commenced which is likely to consume some more time to conclude. Moreover, there is no criminal history to his credit. This fact has not been disputed by learned A.G.A.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Considering the totality of circumstances of the case, I consider it a fit case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant- Rajesh Yadav @ Medi Yadav involved in aforesaid crime be released on bail on his furnishing a personal bond of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that;
1.The applicant shall not tamper with the prosecution evidence by intimidating the witnesses.
2.He shall cooperate with the investigation and speedy trial.
3.He shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 8.1.2010 Mt/