Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40622 of 2018 Applicant :- Sarvesh @ Bhola Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Rai,Saurabh Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Pradeep Kumar Rai & Sri Saurabh Trivedi, learned counsels for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.46 of 2018, under Sections 302, 201, 120-B IPC, Police Station Durgaganj, District Bhadohi, with the prayer to release him on bail.
Submission of learned counsel for the applicant is that the applicant is not named in the first information report. The dead body of an unknown man was found whose information was given at the police station on 15.6.2018. During investigation, co-accused Raju was arrested and he had made a confession before the Police about his involvement as well as of the applicant. Except the evidence of confessional statement before the Police, there is no other evidence to connect him with the present crime. There is no early prospect of conclusion of trial. So the applicant, who is languishing in jail since 27.6.2015 having no criminal history to his credit, deserves to be released on bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let applicant Sarvesh @ Bhola 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 following conditions that :-
(1) The applicant shall not tamper with the prosecution evidence;
(2) The applicant shall not pressurize the prosecution witnesses;
(3) The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the Courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 26.10.2018/Hasnain