Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57329 of 2019 Applicant :- Ritesh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There is no iota of evidence except guesswork. No one saw the occurrence. Assuming it to be that the applicant used to go to meet the deceased off and on or on regular basis, even then, it will not fasten any culpability or responsibility for committing the offence, unless it is supported by any concrete evidence. In this case, there is no circumstantial evidence so solid and concrete as to vindicate complicity of the applicant in committing the murder. Applicant had no occasion nor a motive to commit the offence. It is a case without any motive. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. It has further been submitted that the co-accused Vipin Chauhan, having identical role has already been released on bail by another bench of this court vide order dated 19.10.2019 in Cr. Misc. Bail Application No. 43415 of 2019, therefore, applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is languishing in jail since 26.06.2019.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Vipin Chauhan, having identical role has already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ritesh Yadav involved in Case Crime No.171 of 2019, under Section 304 IPC Police Station Sidhari District Azamgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 20.12.2019 Gss