Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40473 of 2018 Applicant :- Santosh Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Awadhesh Kumar Malviya,Ram Manohar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Supplementary affidavit filed by learned counsel for the applicant, taken on record.
By means of this application the applicants Santosh Yadav and Shiv Kumar Chaudhari have prayed to release them on bail in Case Crime No. 44 of 2018, u/s 60, 63, 72 of Excise Act, and Sections 272, 120B, 419, 420 I.P.C., P.S. Reotipur, District Ghazipur.
Heard learned counsel for the applicants and learned AGA representing the State. Perused the record.
Learned counsel for the applicants has argued that the applicants were driver and cleaner of concerned vehicle. They were of no concern. There was the owner of the vehicle, who was co-accused, has been enlarged on bail by coordinate Bench of this Court in Criminal Misc. Bail Application No. 47296 of 2018. Present accused applicant Santosh Yadav, is with one criminal antecedent but he has been acquitted in above case as has been mentioned in supplementqary affidavit. They are of no criminal antecedents. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the bail application.
Co-accused Bharat Singh under similarly placed circumstances has been enlarged on bail as above. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Santosh Yadav and Shiv Kumar Chaudhari, involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 29.5.2019 Kamarjahan