Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46152 of 2017 Applicant :- Shailesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Prakash Singh,Ram Chandra Solanki Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
Learned counsel for the applicant contended that the applicant is not named in the F.I.R. nor any specific role has been assigned to him. He submitted that after registration of the First Information Report, statement of the first informant was recorded under Section 161 Cr.P.C. by the Investigating Officer on 14.10.2016 but in the statement nothing has been stated against the applicant. He further contended that on the basis of alleged CCTV footage and the information received from the Jail worker and some prisoner the name of the applicant came into the light in involving him in the present incident along with 124 other accused persons. On the said information Jail Authority wrote a letter dated 18.10.2016 to the Investigating Officer to include the name of the applicant along with 124 other accused persons in connection with the case crime. He further contended that other co-accused persons have been enlarged on bail by this Court on 21.12.2016, 6.2.2017,9.2.2017,17.2.2017,25.1.2017 and 2.3.2017 which are annexed with Annexure-8 to the bail application. Lastly she submitted that the applicant is in custody since 7.11.2016 and he undertakes that applicant will not misuse liberty of bail, if he is released on bail.
On the other hand, learned A.G.A opposed the prayer for bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shailesh Yadav involved in Case Crime No.619 of 2016, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 307,342,427, 436,336 and 325 IPC, 7 Criminal Law Amendment Act and Section 3 Public Property Dmages Act, P.S. Shahpur, District Gorkahpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
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.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission, of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.11.2017 Asha