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Santosh Yadav vs State Of U P

High Court Of Judicature at Allahabad|20 December, 2018
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JUDGMENT / ORDER

Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49010 of 2018 Applicant :- Santosh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Santosh Yadav seeking bail in Case Crime No. 580 of 2018, under Sections 147, 148, 149, 307, 323, 504,506 IPC, P.S. Sahajanwa, District Gorakhpur.
Learned counsel for the applicant has submitted that even according to the prosecution own case as many as seven nominated persons and four unknown persons are said to have assaulted the victim.
Learned counsel for the applicant has further submitted that as per the statement of injured, Dileep Saini, is said to have opened fire upon the victim but missed the target, the victim is then said to be assaulted by Lathi, Danda, Katta and butt of the country-made pistol. However, in the X-ray report no internal damage has been caused and general role of assault has been assigned to as many as eleven persons.Learned counsel for the applicant has next submitted that the injuries on the person of the victim are not dangerous to life.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 20.10.2018 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 applicant has made out a case for bail.
Let the applicant Santosh Yadav be released on bail in the aforesaid case crime number on his 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 applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant 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 :- 20.12.2018 Rohit
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Title

Santosh Yadav vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
20 December, 2018
Judges
  • Rajiv Gupta
Advocates
  • Kamlesh Kumar Tiwari