Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30528 of 2019 Applicant :- Subachchan Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rishi Kant Rai,Dinesh Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants 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 applicants is that false and frivolous allegations have been made against the applicants. In fact the prevailing attended facts and circumstances of the case will itself prove that the applicants are innocent. All the witnesses are interested and supporting the case of the informant whereas story of the prosecution, if presumed to be correct, even then to say that the deceased escaped unhurt in the 'mar-peet' committed by other persons and nothing was discovered in the viscera report which shows false implication of the applicants. The witnesses are the neighbours of the informant. The applicants do not have criminal history. In the similar circumstances the co-accused Sangeeta has already been released on bail by a coordinate bench of this court in criminal misc. bail application no. 21780 of 2019 on 24.5.2019. In case the applicants are admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicants do not bear any criminal history and is languishing in jail since 4.7.2019.
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 applicants Subachchan Yadav and Devendra Yadav @ Dara involved in Case Crime No. 78 of 2018, under Sections 304,323,504 I.P.C., Police Station Jangipur, District Ghazipur be released on bail on their 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.