Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30549 of 2019 Applicant :- Shambhu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Debee Shanker Pandey,Santosh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant is that the applicant is innocent and has been falsely implicated in the present case. Both the sides are stated to have indulged into free fight, which took place on the spur of the moment. There was no premeditated plan to cause any injury on the informant side, even the applicant and his family members have also sustained injury. Both sides had lodged their respective N.C.Rs. regarding the same incident. However, it so happened that one of the injured on the informant side died in the evening, due to which the case was altered under section 304 I.P.C. The co-accused Sandip Yadav, who is similarly situated co-accused, has already been admitted to bail by this court in criminal misc. bail application no. 28740 of 2019 on 19.7.2019. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant does not bear any criminal history and is languishing in jail since 28.3.2019.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Shambhu Yadav involved in Case Crime No. 51 of 2019, under Sections 304, 323, 504, 506, 325, 427 I.P.C. Police Station Saiyadraja, District Chandauli be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 30.7.2019 N.A.