Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40252 of 2019 Applicant :- Rajesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Kumar Singh,Ran Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that the co-accused Gaurav Singh alias Pinchoo and Danish have been granted bail by this Court vide orders dated 25.10.2016 and 4.5.2018 in Criminal Misc. Bail Application Nos. 25644 of 2016 and 16729 of 2018 respectively and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 20.4.2017.Criminal history of sixteen cases of the applicant has been explained in paragraph-3 of the supplementary affidavit.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and 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, the applicant is entitled to be released on bail in this 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, 364A, 364, 368 IPC and 3/4 of 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 sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial Court on the date fixed.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.9.2019 Atul kr. sri.