Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48754 of 2018 Applicant :- Rajesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard 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 identically placed co- accused Rajendra Yadav, Shiv Shankar Yadav, Jitendra Yadav, Amrej and Mahendra Yadav have been granted bail by other Benchs of this Court on 28.6.2018; 14.11.2018; 28.11.2018; 6.1.2018 and 14.11.2018 vide Criminal Misc.
Bail Application No. 23848 of 2018; 18182 of 2018; 44772 of 2018; 46676 of 2018 and 39449 of 2017. He further submits that the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 12.6.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and also the bail order passed in respect of co-accused Rajendra Yadav, Shiv Shankar Yadav, Jitendra Yadav, Amrej and Mahendra Yadav 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 Rajesh Yadav involved in S.T. No. 92 of 2018, Case Crime No.
126 of 2017, under Section 147, 148, 149, 323, 302, 34 IPC and Section 7 Criminal Law Amendment Act, P.S. Rani Ki Sarai, District Azamgarh 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.
4. 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.
5. 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 court below shall be at liberty to cancel the bail.
Order Date :- 20.12.2018 Sachdeva