Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8712 of 2019 Applicant :- Udal Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Durga Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Udal Yadav seeking bail in Case Crime No. 100 of 2017, under Sections 323, 504,308 IPC, Police Station Dhanapur, District Chandauli.
Learned counsel for the applicant has submitted that in respect of the incident, reports have been lodged from both the sides and both the sides have suffered injuries. From the side of the applicant, he himself has suffered injury fracture injury on his left wrist whereas, from the side of the informant, Yogendra Yadav has suffered injury on his person. Learned counsel for the applicant next submitted that who out of two rival groups is the aggressor cannot be determined at this stage. Learned counsel for the applicant has next submitted that the applicant is in jail since 17.1.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that from the side of the applicant, the applicant himself has suffered injury and he is in jail since 17.1.2019.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicant Udal Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.2.2019 aks