Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34798 of 2019 Applicant :- Rakesh Yadav And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Shukla Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
The instant bail application has been filed on behalf of the applicants, Rakesh Yadav, Sarvesh Yadav and Sanjay Yadav, with a prayer to release them on bail in Case Crime No.239 of 2016, under Sections 147, 323, 504, 506, 308 IPC, Police Station Sikariganj, District- Gorakhpur, during pendency of trial.
There is general role assigned against all the accuseds. No specific role has been assigned to the applicants in the First Information Report or in the statement of the injured. The C.T. Scan report shows that there is no fracture on the head of the injured. There is no internal damage found on the head of the injured. The applicants are languishing in jail since 2.8.2019, who are not previous convict Considering larger mandate of Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicants involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.8.2019 Ruchi Agrahari