Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41826 of 2021 Applicant :- Sunil Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Shivkumari Chauhan,M.S. Chauhan Counsel for Opposite Party :- G.A.,Ashok Kumar Maurya
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Sunil Yadav in connection with Case Crime No.177 of 2021, under Sections 304, 323, 504, 506 I.P.C., Police Station Bansdih, district Ballia.
The first information report was lodged by the informant against four persons, including present accused, alleging therein that on 6.6.2021 at about 12:00 p.m. father of the complainant was constructing a hut in his field, then accused persons came there and after hurling abuses started assaulting him with lathi-danda and iron rod, causing serious injuries to him. When other brothers of the complainant reached at the spot, they were also beaten by the accused persons. The injured were taken to the hospital. All the injured persons got treated there, except father of the complainant and he was referred to Varanasi and on the way he succumbed to the injuries.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that co-accused Sonu @ Vinay Yadav has been admitted to the concession of bail by another Bench of this Court by order dated 15.12.2021 passed in Criminal Misc. Bail Application No.36949 of 2021, photocopy whereof supplied by learned counsel for the applicant has been perused by the Court, is taken on record and role assigned to applicant is similar to role of other co-accused, who has already been enlarged on bail. He claims parity. He submitted that applicant is languishing in jail since 02.09.2021, hence he is entitled to be released on bail and he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, submission of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018 (3), SCC, 2 and also the fact that aforesaid co- accused has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Sunil Yadav involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 23.12.2021 R./