Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17804 of 2019 Applicant :- Surendra Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Pratap Singh,Sri O. P. Singh Senior Adv.
Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Sri Nirvikar Gupta and Sri Vinod Singh, Advocates, have jointly filed vakalatnama on behalf of the complainant , let it be taken on record.
Heard learned counsel for the applicant, learned counsel for the complainant learned AGA and perused the record.
Learned counsel for the applicant submits that the first information report of the alleged incident was lodged against 6 persons including the applicant. In first information report it has come that some hot talk has taken place among the deceased, the applicant and co-accused Shailendra Yadav. At this the co- accused Pradhan Gopal Yadav, his brother Ram Janam Yadav, Mahendra and Shiv Janam Yadav reached on the spot and the co-accused Pradhan Gopal Yadav fired upon the deceased and injured person with his licensee pistol due to which Pravesh sustained injury on his fingers and the deceased sustained gun shot injury. This incident was seen by Ashish, Anil, Rahul and Vipin. In the statements of injured as well as eye witnesses it has come that co-accused Pradhan Gopal Yadav fired upon the injured and the deceased with his licensee pistol. Lathi has been shown in the hands of the applicant. The role of exhortation has also been assigned to the applicant. The applicant had not caused any injury to the deceased and injured. No injury of blunt object has been found on the person of the injured and the deceased. The applicant has been falsely implicated in this case. He has no concern with the alleged incident. Nothing incriminating article has been recovered from the possession of the applicant or on his pointing out. There is no criminal history of the applicant and is in jail since 5.12.2018.
Per contra, learned AGA and learned counsel for the complainant opposed the prayer for bail and argued that the applicant is named in the F.I.R. Some hot talk took place among the injured-deceased, applicant and the co-accused Shailendra Yadav due to which on the exhortation of the applicant, Pradhan Gopal Yadav had fired upon the deceased and the injured due to which he sustained gun shot injury. The applicant has committed the alleged offence, therefore, he is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Surendra Yadav involved in Case Crime No.249 of 2018, under Section 302, 307 IPC Police Station Sidhari District Azamgarh 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 29.4.2019 Gss