Court No. - 14
Case :- CRIMINAL APPEAL No. - 5330 of 2017 Appellant :- Suraj Yadav Respondent :- State Of U.P.
Counsel for Appellant :- Arun Kumar Srivastava,Tej Bhan Singh Counsel for Respondent :- G.A.,Akhilesh Kumar,Ashutosh Kumar Gautam
Hon'ble Ifaqat Ali Khan,J.
Heard Sri Janardan Yadav, learned counsel for the appellant, Sri Akhilesh Kumar, learned counsel for the complainant and Sri Ravi Prakash, learned A.G.A. for the State.
This is first bail application of accused-appellant Suraj Yadav in Criminal Appeal No. 5330 of 2017. This Criminal Appeal No. 5330 of 2017 is moved on behalf of appellant Suraj Yadav for the bail in crime no. 1191 of 2016 under section 302, 120-B IPC and Section 3 (2) (V) of SC/ST Act, Police Station Ranipur, District Mau, his bail application was rejected by the Additional Session Judge, Court No. 2, Mau by order dated 17.07.2017.
Learned counsel for the appellant submitted that the accused- appellant is not named in the FIR, he is simply made accused on the basis of the statement of co-accused Amrita Yadav. There is no eye witness of the occurrence. Co-accused Amrita Yadav and Hari Bansh Yadav have already been enlarge on bail by this Court. The case of the appellant is at path of the case of co- accused Hari Bansh Yadav. The prayer for bail has vehemently been opposed by learned A.G.A. however he does not dispute the fact that similarly co-accused Hari Bansh Yadav has already been granted bail.
Considering the submission made by learned counsel for the appellant as well as learned A.G.A. and the learned counsel for the complainant and considering this fact that co-accused has already been enlarged on bail by this Court. Without expressing any opinion on the merit of the case being it fit case to enlarge appellant on bail.
In view of the above, appellant Suraj Yadav be release on bail and appeal is allowed on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned in crime no. 1191 of 2016 under section 302, 120-B IPC and Section 3 (2) (V) of SC/ST Act, Police Station Ranipur, District Mau, 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Appeal is accordingly disposed of.
Order Date :- 27.11.2018 Swati