Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43373 of 2021 Applicant :- Rajiv Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rajiv Yadav seeking enlargement on bail during trial in connection with Case Crime No. 260 of 2021, under Sections 419, 420, 467, 468, 471 P.C. and Section 67 of I.T. Act, registered at P.S.- Kopaganj, District- Mau.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant is not named in the FIR. Name of the applicant surfaced in his own confessional statement. Alleged recovered amount was planted by the police. There are no public witnesses of the alleged recovery. Applicant has explained criminal history in 11 of the affidavit filed in support of the bail application. Further submitted that the applicant is languishing in jail since 10.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Rajiv Yadav involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 v.k.updh.