Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13096 of 2021 Applicant :- Ramakant Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ashwani Kumar Rai,Mahesh Prasad Yadav Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
The present bail application has been moved by applicants- Ramakant Yadav and Shrikant Yadav to release them on bail in Case Crime No. 245 of 2020, u/s 147, 148, 149, 302, 120B I.P.C., P.S.- Nagra, District- Ballia.
Heard learned counsel for the applicants and learned A.G.A. for the State through video conferencing and perused the record.
Learned counsel for the applicants submits that the F.I.R. was lodged against seven persons including the applicants. In the first information report the role of causing injury to deceased with fire arm has been assigned to co-accused, namely, Dharmendra Yadav and Jitendra Yadav. It has further been submitted that in the post mortem report two entry and one exit wounds were found on the body of the deceased. Bablu Yadav is said to be the eye witness of the alleged occurrence and this witness in his statement has stated that co-accused, Jitendra Yadav and Dharmendra Yadav came on a motorcycle. Jitendra Yadav was driving the motorcycle and Dharmendra Yadav was pillion rider. Dharmendra Yadav opened fire upon the deceased in consequence whereof he died. It has further been submitted that only allegation against the applicants is that the applicants surrounded the deceased to commit his murder. The applicants have not caused any injury to the deceased. They have been falsely implicated in the present case. The case of applicants is distinguishable from the case of co-accused Dharmendra Yadav. The criminal history of the applicants has been explained in Para-17 of the affidavit filed in support of the bail application. The applicants are in jail since 5.12.2020.
Per contra, learned AGA has vehemently opposed the prayer for bail and argued that there is criminal history of the applicants.
Considering all above facts and circumstances of the case, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicants may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicants- Ramakant Yadav and Shrikant Yadav involved in above mentioned case crime number be released on bail on their 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 applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants 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 :- 7.5.2021 Vandana