Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17771 of 2019 Applicant :- Subhash Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Sri Ashutosh Kumar Pandey, learned counsel filed vakalatnama on behalf of the informant today in the Court, is taken on record.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, Sri Ashutosh Kumar Pandey, learned counsel for the informant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Subhash Yadav with a prayer to release him on bail in Criminal Case No. 225 of 2019 (Case Crime No. 349 of 2018), under Sections 308, 325, 504 I.P.C., Police Station- Chandauli, District- Chandauli, during pendency of trial.
It is argued by the learned counsel for the applicant that as per the allegations made in the F.I.R., on 05.11.2018 at 09:00 p.m., when the victim had gone to attend nature's call, the applicant dragged him and assaulted by lathi, due to which he sustained injuries. It has also been alleged in the F.I.R. that after receiving injury, the victim become unconscious and he was vomiting. In the statement of the injured he has also reiterated the same version. It is next submitted that as per statement of the Doctor, no serious injury has been caused to the victim. The applicant is languishing in jail since 22.12.2018. The applicant does not have any previous criminal history. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.4.2019 JK Yadav