Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39775 of 2019 Applicant :- Vinod Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, Ms. Ladlee Pandey, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged on 12.7.2019 (after two and half months of incident) against three accused persons, namely Kundan Yadav, Ajay Yadav, Bhokandar Yadav alleging that Munna Giri (son of complainant) was missing from 21.4.2019 and dead body was found on 24.4.2019 receiving three injuries, one on head. During investigation, name of applicant was surfaced.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. During investigation, the name of applicant was surfaced after thought and due legal consultation. According to postmortem report, three injuries were found on the body of deceased, one on head, due to head injury, he died. It is not clear from the prosecution case, who is the author of head injury due to which he died. There are general allegations against all accused persons. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 19.8.2019 (more than one months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let applicant Vinod Yadav involved in Case Crime No. 369 of 2019, under Sections 302, 34 IPC, Police Station Line Bazar, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.9.2019 A. Singh