Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19041 of 2018 Applicant :- Sudesh Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Sharan Giri,Abhijit Mishra Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Sudesh Kumar Yadav with a prayer to release him on bail in Case Crime No. 258 of 2010(S.T. No. 201A of 2011, under Sections 395, 397, 412 IPC, Police Station Saurikh, District- Kannauj, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant was granted bail by this court vide order dated 6.10.2010 in Criminal Misc. Bail Application No. 27678 of 2010. He has absconded from 4.5.2011.It is further argued that applicant is suffering from mental disease of "Obsessive Compulsive Disorder" and certificate of the doctor has been brought on record. The criminal history of the applicant has properly been explained from paragraph nos. 13 to 27 of the affidavit filed in support of application.In case, the applicant is released on bail, he will not misuse the liberty of bail.
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.
Be that as it may, the applicant is in jail since 14.7.2016.
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 Sudesh Kumar Yadav 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 :- 27.7.2018 Atul kr. sri.