Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53627 of 2021 Applicant :- Sadanand Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that there is cross-version of the present matter. Both sides sustained injuries. No specific role has been assigned to the applicants in the F.I.R. Learned counsel for the applicants further submitted that in similar circumstances, co-accused Durgesh Yadav, Vivek Yadav @ Chhotu Yadav and Vikram Yadav have been granted bail by coordinate Bench of this Court vide order dated 9.9.2021 passed in Criminal Misc. Bail Application No.31337 of 2021. He further submits that since the role of the applicants is not distinguishable with the role of co-accused, the applicants are also entitled for bail. It is further submitted that applicants have no previous criminal history. They are languishing in jail since 17.11.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let applicants Sadanand Yadav and Amarnath Yadav involved in Case Crime No.67 of 2021, under Section 304 I.P.C., Police Station Barahalganj, District Gorakhpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions,the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.12.2021 / ss