Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48627 of 2018
Applicant :- Santosh Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh
Counsel for Opposite Party :- G.A.
Connected with
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48629 of 2018
Applicant :- Shiv Shanker Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Narain Pathak,R.K.Paramhans Singh
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Sri R.K. Paramhans Singh, learned counsel for the applicants has filed supplementary affidavit in the Court today, the same is taken on record.
Heard learned counsel for the parties and perused the record.
By way of instant bail application, prayer has been made to enlarge the applicant on bail in S.T. No. 92 of 2018, arising out of Case Crime No. 126 of 2017, under Sections 147, 148, 149, 323, 302, 34 of the Indian Penal Code, 1860 (in short 'IPC') and Section 7 of the Criminal Law (Amendment) Act, 2013, Police Station - Rani Ki Sarai, District - Azamgarh.
Learned counsel for the applicants contended that the applicants have been falsely implicated in the present case. General role of causing injury by blunt object is assigned to the applicants and co- accused Nagina alias Ramnagina, Satpal, Sonu alias Shiv Shanker s/o Mahendra Yadav, Rajesh, Bablu, Monu, Santosh, Ashok, Mahendra Yadav, Daya Shanker, Avnish and Amit. Co-accused - Sonu alias Shiv Shanker Yadav s/o Mahendra Yadav, Nagina alias Ramnagina, Mahendra Yadav, having similar role to that of the present applicants, have already been enlarged on bail vide orders passed by this Court in Criminal Misc. Bail Application No. - 18182 of 2018 (Shiv Shanker Yadav v. State of U.P.) and Criminal Misc. Bail Application No. - 6286 of 2018 (Ramnagina v. State of U.P.) dated 14.11.2018 and Criminal Misc. Bail Application No. - 39449 of 2017 (Mahendra Yadav v. State of U.P.). Moreover, co-accused Rajendra Yadav, Amrej Yadav and Jitendra Yadav, to whom specific role has been assigned, have also been enlarged on bail vide orders passed by this Court in Criminal Misc. Bail Application No. - 23848 of 2018 (Rajendra Yadav v. State of U.P.) dated 28.06.2018, Criminal Misc. Bail Application No. - 46676 of 2018 (Amrej v. State of U.P.) dated 06.12.2018 and Criminal Misc. Bail Application No. - 44772 of 2018 (Jitendra Yadav v. State of U.P.) dated 28.11.2018. Hence, the present applicants are also entitled to be admitted to bail. Applicant Santosh Yadav has a criminal history of one case - in Case Crime No. 65 of 2017, under Sections 147, 323, 504, 506 and 452 IPC, Police Station - Rani Ki Sarai, District - Azamgarh, in which he is on bail, copy whereof has been filed as Annexure No. 1 to the supplementary affidavit. Applicant Shiv Shanker Yadav has no criminal antecedents. Both the applicants are languishing in jail since 05.06.2017.
Per contra, learned A.G.A. has opposed the prayer for bail, however, admitted this fact that role of the present applicants is similar to that of co-accused Sonu alias Shiv Shanker Yadav s/o Mahendra Yadav, Nagina alias Ramnagina, Mahendra Yadav, who have already been admitted to bail.
Injured Rajeev Chauhan in his statement recorded under Section 161 of the Code of Criminal Procedure, 1973, has assigned general role of causing injury by blunt object to the applicants and co- accused - Nagina alias Ramnagina, Satpal, Shiv Shanker s/o Mahendra Yadav, Rajesh, Bablu, Monu, Santosh, Ashok, Mahendra Yadav, Sonu alias Shiv Shanker, Daya Shanker, Avnish and Amit. Co-accused Sonu alias Shiv Shanker Yadav s/o Mahendra Yadav, Nagina alias Ramnagina, Mahendra Yadav have already been enlarged on bail, as mentioned above.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail.
In view of above, the prayer so made is accepted and accordingly, the instant applications stand allowed.
Let the applicants - Santosh Yadav and Shiv Shanker Yadav be released on bail in the aforesaid case crime number on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned.
Order Date :- 20.12.2018
I. Batabyal