Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49335 of 2018 Applicant :- Raju Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the FI.R. of the alleged incident was lodged against 8 persons including the applicant making general allegation for committing marpit with the injured person and the deceased. There is general allegation against the applicant. No specific role has been assigned to the applicant. It has further been submitted that there is cross version of the alleged incident. From the side of applicant 3 persons have also sustained injuries. It has further been submitted that no incriminating article has been recovered from the possession of the applicant or on his pointing out. The co- accused Sipahi Lal and Bineeta have already been released on bail by another bench of this court vide orders dated 4.12.2018 and 18.12.2018 respectively. Therefore, applicant is also entitled for bail. There is no criminal history of the applicant and he is in jail since 16.8.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Raju Yadav involved in Case Crime No.81 of 2018, under Section 147, 148, 149, 302, 323, 325, 452, 504, 506/34 IPC Police Station Indragarh District Kannauj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 21.12.2018 Gss