Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11647 of 2018 Applicant :- Santosh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Santosh Yadav seeks bail in Case Crime No. 203 of 2017 under Sections 3/5/7/25/27 Arms Act, Police Station- Saraimeer District-Azamgarh during the pendency of trial.
As per prosecution case, on 30.10.2017 the applicant and co- accused persons were arrested by the police having pistol alongwith 2 live cartridges.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. It is further submitted that the co- accused Mata Prasad Verma has already been granted bail by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.5503 of 2018 vide order dated 27.3.2018. The applicant has no criminal history. The applicant is languishing in jail since 30.10.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Santosh Yadav involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.3.2018 Deepika