Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28621 of 2018 Applicant :- Rakesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinod Kumar Yadav,Mahendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The allegation is that the contractor Anuj Kumar Gupta was getting the green trees situated in the District Court Compound, Kannauj cut by engaging the applicant as labourer.
It has been argued by learned counsel for the applicant that the applicant is only a labour and he was complying the orders of the contractor for the purpose of earning his livelihood. The applicant has no criminal history and is in jail since 22.5.2018.
On the other hand learned AGA has 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 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rakesh Yadav involved in Case Crime No.339 of 2018, under Sections 379, 435, I.P.C., Section 3/4 Prevention of Damage to Public Property Act 1984 and Section 4/10 Forest Act, Police Station Kannauj, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.7.2018 T. Sinha