Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25257 of 2021 Applicant :- Ram Surat Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Ram Surat Yadav has prayed to release him on bail in Case Crime No. 51 of 2021, u/s 498-A, 302/34 I.P.C., P.S. Chakiya, District Chandauli.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent. He has been falsely implicated in this very case crime number and he is languishing in jail since 27.2.2021. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence, in case of release on bail. Informant and his son, in the statement recorded under Section 161 of Cr.P.C., have categorically said that it was assault by co-accused husband of deceased. The role assigned to applicant is of giving abuse only. The same is in the statement of son of deceased, under Section 161 of Cr.P.C., who was said to be present on spot. Husband is already in jail. General allegation of demand of dowry and cruelty with regard to it, is there. Applicant is of no concern with above demand and cruelty. Hence, bail has been prayed for.
Learned AGA has vehemently opposed.
Having heard learned counsel for both sides and gone thorough the material placed on record, it is apparent that Ram Surat Yadav is brother of husband of deceased and against him the accusation is of giving abuse. He is of no criminal antecedent. Under all above facts and circumstances as well as considering the nature of accusations, severity of the punishment in the case of conviction but without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Ram Surat Yadav, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 30.7.2021 Kamarjahan