Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45171 of 2018 Applicant :- Satyapal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Satyapal Yadav seeking bail in Case Crime No. 619 of 2017, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307, 342, 427, 436, 336 IPC and section 7 Criminal Law Amendment Act and 3 Prevention of Damage to Public Property Act P.S. Shahpur, District Gorakhpur.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case. Learned counsel for the applicant has next submitted that the incident as alleged 122 persons were involved and out of which large number of persons have already been released on bail. Learned counsel for the applicant has next submitted that the similarly placed co-accused, namely, Raj Kumar Bajpai has already been granted bail by this Court in Criminal Misc. Bail Application No. 11929 of 2017 vide order dated 10.4.2017. Learned counsel for the applicant has further submitted that the applicant is in jail since 11.11.2016 and in case the applicant is released on bail he will not misuse the liberty of bail and will cooperate in trial.
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 Satyapal 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 :- 28.11.2018 R