Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11033 of 2018 Applicant :- Sahab Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Shrikant Singh Yadav,Shivajee Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against five accused persons, namely, Annu Yadav, Vipin Yadav, Sahab Yadav, Sanjay Yadav and Dimpal Yadav; alleging that on 18.9.2016 they assaulted Brijesh, he received injuries i.e. simple in nature.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is general allegation against all accused persons. Offence under Section 308 IPC is not made out against the applicants. Injuries found on the body of the injured are simple in nature and not dangerous to life. They are languishing in jail since 30.1.2018 (more than one and half months) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. Criminal history of the applicants has been properly explained. Co-accused namely Annu Yadav has been granted bail by this Court on 5.3.2018 vide Criminal Misc. Bail Application No. 8263 of 2018, since the role of the applicants is not distinguishable with the role of co- accused, therefore, the applicants are also entitled for bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that criminal history of the applicants has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Sahab Yadav and Vipin Yadav @ Vishwanath Pratap Yadav involved in Case Crime No. 563 of 2016, under Sections 147, 149, 323, 308 IPC, Police Station Sadat, District Ghazipur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 27.3.2018 A. Singh