Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45785 of 2018 Applicant :- Virendra Singh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shiv Nath Singh,Akhilesh Kumar,Vivek Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vivek Kumar Sharma, learned counsel for the applicant and Ajay Kumar Singh, learned brief holder for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Complaint Case No. 8942 of 2017 under Sections 302 and 307 I.P.C., P.S. Alhaganj, District Shahjahanpur.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case due to enmity of election of village pradhan; as per the version given in complaint, role of indiscriminate firing has been assigned to all the eight accused which includes the present applicant; no injury has been found nor post mortem report is on record as it is argued that Gulabo Devi, grand-mother of the complainant had died about 6 to 7 years back a natural death and was cremated. To prove that she had died a natural death, reliance has been placed upon the report submitted by constable Vikas Chaudhari of Shajahanpur submitted before the court of District and Sessions Judge, Shahjahanpur in Application No. B.A. 2755 of 2018 in which report is submitted that Gulab Devi, wife of Sri Ram resident of village Dharmpur, P.S., Harpalpur, District Hardoi died natural death about 7 to 8 years back and her last rites were performed in Farrukhabad. It is argued that showing the said death of Gulab Devi as having been killed in the present occurrence, this false case has been prepared; accused has no criminal history; accused is in jail since 12.02.2018; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Virendra Singh Yadav involved in aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.11.2018 A. Mandhani