Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22896 of 2019 Applicant :- Sachin Yadav @ Seetu Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Dhar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Sachin Yadav @ Seetu seeks bail in Case Crime No. 257 of 2019, under Sections 41, 102 Cr.P.C.
and 411, 414 IPC, P.S. New Agra, District- Agra.
Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that the alleged recovery shown to be made from the possession of applicant is false and planted. Learned counsel for the applicant has next submitted that similarly placed co-accsued Pravesh Yadav has already been granted bail by this Court in Criminal Misc. Bail Application No. 21290 of 2019 vide order dated 22.5.2019. Lastly, it is submitted that applicant is in jail since 5.4.2019 and in case he 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 and the fact that the applicant is in jail since 5.4.2019 and recovery shown to be made is false and planted.
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 applicant Sachin Yadav @ Seetu 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 :- 30.5.2019 KU