Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41519 of 2018 Applicant :- Satya Narain Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Daksha Yadav Counsel for Opposite Party :- G.A.,Ram Lalit Chaudhary
Hon'ble Rajiv Gupta,J
Vakalatnama filed by Shri Ram Lalit Chaudhary on behalf of the complainant is taken on record.
Heard learned counsel for applicant, learned counsel for the complainant and learned AGA for the State and perused the record.
This bail application has been filed by the applicant Satya Narain Yadav seeking bail in Case Crime No. 305 of 2016, under Sections 148,308,326,504,506 IPC, P.S. Phoolpur, District Allahabad.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. It is next contended that the applicant is said to have assaulted the victim Chatrapal by Farsa on his hand and as per the X-ray report, no abnormality has been detected in the right finger.
It is next contended that the co-accused, namely, Ram Murat Yadav alais Ram Surat Yadav, Om Prakash Yadav and Vijay Lal have already been granted bail by this Court in Crl. MIsc. Bail application No. 17536 of 2017, 42074 of 2016 and 20790 of 2017 vide orders dated 16.5.2017,12.7.2017 and 25.10.2017 respectively. Learned counsel for the applicant has further submitted that the applicant is in jail since 12.9.2018 and in case he is released on bail, he will not misuse the liberty of bail. The applicant has no criminal history to his credit.
It is lastly submitted that the applicant has no other criminal history to his credit and the applicant is in jail since 12.9.2018.
Learned AGA 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 Satya Narain 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 :- 30.10.2018 R