Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17308 of 2018 Applicant :- Satyapal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.,Vijay Bahadur Shivhare Hon'ble Vivek Kumar Singh,J.
Heard Sri Gaurav Kakkar, learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submitted that this is a cross case. Both the side have received injuries. The X-ray report of the informant Santosh Kumar shows that no abnormality has been detected, hence no offence under Section 307 I.P.C. is made out against the applicant. It is apparent that the prosecution has not come up with clean hands and it is difficult to ascertain at this stage as to which party is the aggressor. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.1.2018.
Learned A.G.A. has vehemently opposed the prayer for bail and submitted that the applicant is having criminal history of few other cases.
In reply, learned counsel for the applicant submitted that he has explained the criminal history in paragraph 22 of the affidavit accompanying the bail application (Annexure-8).
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant Satyapal Yadav involved in Case Crime No. 16 of 2018, under Sections 307, 323 and 504 I.P.C., P.S. Kurara, district-Hamirpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.7.2018 Faridul