Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37069 of 2016 Applicant :- Sandeep Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajendra Kumar Pandey,Dharmendra Kumar Singh,Dr. Archana Pandey,Raghvendra Kumar Yadav Counsel for Opposite Party :- G.A.,Anita Singh,Dinesh Kumar Misra
Hon'ble Rajul Bhargava,J.
Heard Sri Rajesh Yadav, learned counsel for the applicant, Sri Dinesh Kumar Misra, counsel for the informant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 0541 of 2016, u/s 304, 323, 504, 506 IPC and 3(1)(Da) (Gha), 3(2)5 SC/ST Act, P.S. Gaura Badshahpur, District Jaunpur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that according to prosecution, the applicant was abusing the wife and daughter of the deceased; objection was raised by the deceased, upon which, the applicant is stated to have assaulted the deceased by kicks and fits; in the medical report, two contusions were noted; the deceased died on account of ante mortem head injury. Learned counsel states that the applicant had not used any conventional weapon, it is a case of sudden fight and it appears that on account of fall on the ground the deceased sustained injury on the head; the applicant is in jail since 10.8.2016.
Learned A.G.A. has opposed the prayer for bail. However he could not dispute the aforesaid submission made by counsel for the applicant.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Sandeep Yadav involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.10.2018 Dhirendra/