Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42533 of 2019 Applicant :- Virendra Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A.,Shyamu Shukla
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA, learned counsel for the first informant and perused the record.
By means of this application, the applicant, who is involved in case crime no. 780 of 2017, under Sections 147, 406, 419, 420, 323, 506, 342 IPC, P.S. Sahajanwa, District- Gorakhpur, is seeking enlargement on bail during the trial.
As per prosecution case in brief, grievance of the first informant is that co-accused Akhilesh Yadav, Rajendra Yadav and Virendra Yadav (applicant) in collusion with each other have extracted an amount of Rs. 5,95,000/- from the first informant on the assurance and promise to provide service of Lekhpal to him.
It is submitted by learned counsel for the applicant that out of total amount of Rs. 5,95,000/-, an amount of Rs. 49,000/- has been transferred in the bank account no. 10813313245 of Smt. Laxmina Devi (wife of applicant) and remaining amount has been given to co-accused Akhilesh Yadav and Rajendra Yadav in cash. It is further submitted that the said amount has been handed over by the co-accused Akhilesh Yadav and Rajendra Yadav to the applicant. It is next submitted that applicant is ready to deposit an amount of Rs. 49,000/- before the trial court under protest. It is also submitted that applicant has criminal history of one case, in which he has been convicted by judgment and order dated 13.05.2019, but he has been granted bail in the said case by the co-ordinate Bench of this Court. The applicant is languishing in jail since 20.01.2019 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Virendra Yadav, be released on bail in the aforesaid case crime number subject to deposit of Rs. 49,000/- (Fourty nine thousand only) by way of demand draft in the name of trial court and on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The aforesaid amount so deposited by the applicant shall be invested in fixed deposit scheme in a nationalized bank and shall be renewed from time to time till the completion of trial. The deposit so made, shall be subject to final decision of the trial.
ii) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
iii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iv) The applicant will not indulge in any unlawful activities.
(v) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.11.2019 AK Pandey