Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42029 of 2018 Applicant :- Ravindra Yadav @ Sipahi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mainuddin Ahamad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Ravindra Yadav @ Sipahi seeking bail in Case Crime No. 133 of 2018, under Sections 307, 394, 504, 120-B IPC, Police Station Ubhaon, District Ballia.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicant has drawn the attention of the Court towards the statement of the injured Murlidhar Varma, wherein the only allegation against the applicant is that he has conspired in commission of present offence, however, there is not an iota of evidence to corroborate the said allegation of conspiracy against the applicant.
He has further submitted that the criminal history of the applicant has been explained in paragraph 15 of the bail application and the applicant is in jail since 28.08.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Ravindra Yadav @ Sipahi be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 31.10.2018 Nadim