Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49307 of 2018 Applicant :- Sanjay Kumar @ Sulabh Yadav And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Sanjay Kumar @ Sulabh Yadav, Suresh Yadav and Dinesh Yadav seeking bail in Case Crime No. 739 of 2018, under Sections 147, 332,353,323,504,506 IPC, P.S.Rohaniya, District Varanasi.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case.
Learned counsel for the applicants have next submitted that in respect of the land there is dispute between the applicant and one Manoj in respect of which proceeding under section 176 of U.P.Z.A. & L.R. Act is in progress in which the Sub-Divisional Magistrate vide order dated 15.11.2018 has directed the parties to maintain status- quo. However, it appears that one Manoj has moved an application on Samadhan Diwas on 20.11.2018 in which the Revenue Inspector was directed to enquire into the matter and submit his report. However, it appears that pursuant to that order dated 20.11.2018, Lekhpal tried to demarcate the land which was opposed by the applicant and as such the F.I.R. has been lodged primarily on the allegation that the applicants had dettered a public servant from discharging of his duty and the applicants have been arrested. Learned counsel for the applicants has next submitted that a suit in respect of the land in dispute is still sub-judice before the court concerned.
It is lastly submitted that the applicants are in jail since 26.7.2018 and in case the applicants are released on bail they will not misuse the liberty of bail and will cooperate in trial..
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 applicants have made out a case for bail.
Let the applicants Sanjay Kumar @ Sulabh Yadav, Suresh Yadav and Dinesh Yadav be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants 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 :- 21.12.2018 R