Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17676 of 2021 Applicant :- Ramesh @ Muse Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Ramesh @ Muse Yadav seeking enlargement on bail during trial in connection with Case Crime No. 04 of 2021, under Sections 457, 380, 411 & 414 I.P.C. registered at P.S.- Chauri, District- Bhadohi.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant was not named in the FIR. The cylinders were not recovered from the possession of the applicant. The applicant is neither the driver nor owner of the vehicle in which the gas cylinders were being transported. It is further contended that co-accused Mangroo Yadav, Shiv Prasad Vishwakarma, Pappu @ Lal Bahadur Yadav, Nandu @ Ravindar Saroj have been granted bail by co-ordinate benches of this Court vide order dated 09.06.2021, 16.07.2021, 24.06.2021, 06.07.2021 in Criminal Misc. Bail Application Nos. 17473 of 2021, 19522 of 2021, 15828 of 2021 & 14690 of 2021 respectively. It has lastly been submitted that applicant is languishing in jail since 04.02.2021, having no criminal history to his credit and in case he is enlarged on bail, he will not misuse the said liberty.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the co-accused Mangroo Yadav, Shiv Prasad Vishwakarma, Pappu @ Lal Bahadur Yadav, Nandu @ Ravindar Saroj have already been granted bail whose case is at par with the case of the present applicant, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Ramesh @ Muse Yadav involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
Order Date :- 27.7.2021 VPS