Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42550 of 2017 Applicant :- Ramasre Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Swati Agrawal Counsel for Opposite Party :- G.A.,Sudeep Dwivedi
Hon'ble Aniruddha Singh,J.
Heard Smt. Swati Agrawal, learned counsel for the applicant, Sri S.D. Dwivedi, learned counsel for the complainant/first informant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against two named persons, namely, Lal Chandra Yadav and the present applicant Ram Asare Yadav along with two unknown persons, alleging that on 18.08.2017 they assaulted to Ankita (daughter of Ram Asare); specifically stated that Lal Chandra Yadav has used sharp edged weapon (churi) and assaulted on neck of deceased Ankita resultantly she died; subsequently on 20.08.2017 knife used in the incident was recovered on the pointing out of Kanhiya Lal and Lal Chandra and finally charge-sheet was submitted against Lal Chandra Yadav, Ram Asare, Kanhiya Lal and Bhonu.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; specific role of killing has been assigned to the co-accused Lal Chandra Yadav; only role assigned to the applicant was of conspiracy only; there is no direct evidence against the applicant; he is aged about 66 years and he is suffering from several diseases; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 18.08.2017 (more than 8 months) having no criminal history.
It is further stated that the co-accused, namely, Kanhaiya Lal has been granted bail by this Bench vide order dated 10th April, 2018 in Criminal Misc. Bail Application No. 42547 of 2017 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused.
Learned counsel for the complainant vehementally opposed the prayer for bail and submitted that the present applicant was present on the spot and he was actively involved in the said offence. It is stated that the blood stained knife was recovered on pointing out of the present applicant along with three other accused.Therefore, the applicant may be granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Ram Asrey Yadav involved in the Case Crime No.484 of 2017, under Sections 302, 120B, 316 I.P.C., P.S. Khuthan, District Jaunpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 court below shall be at liberty to cancel the bail.
(Aniruddha Singh, J.) Order Date :- 28.5.2018 Sushil/-