Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35432 of 2018 Applicant :- Ravi Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav,Mamta Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant in connection with Case Crime No. 515 of 2017 under Sections 302, 307 & 120-B I.P.C., P.S. Karanda, District Ghazipur.
The contention of the learned counsel for the applicant is that the accused was not named in the FIR. His name has surfaced during investigation after six months of the incident and the Mazid Bayan of the informant Brijesh Kumar Mishra. He is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. He next submitted that role of firing was not assigned to the present accused. He further submitted that the co-accused Pradeep Mishra, Ajeet Yadav, Mantoo Yadav @ Govardhan Yadav, Jhanku Yadav, Sunil Yadav, Kharpat Yadav @ Pintu & Pawan Yadav who were having similar role, have already been enlarged on bail vide orders dated 22.10.2018, 24.07.2019, 21.01.2019, 16.02.2018, 02.05.2018, 12.04.2018 & 15.03.2018 passed by another Bench of this Court in Criminal Misc. Bail Application Nos. 38703 of 2018, 8899 of 2018, 2638 of 2019, 5763 of 2018, 16341 of 2018, 8421 of 2018 & 9830 of 2018 respectively.
He has placed reliance in the case of Data Ram Vs. State of
U.P. and others, 2018(3) SCC 22. The accused is languishing in jail since 18.06.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. but has not disputed the fact that the similarly placed co-accused has been granted bail.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Ravi Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
ii) The applicant will not tamper with the witnesses.
iii) The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 25.7.2019 Shanu