Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49034 of 2018 Applicant :- Virendra Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed by Virendra Yadav for bail in Case Crime No. 241/2018 under Sections 395, 412 I.P.C. P.S. Jahanganj, Distt.- Azamgarh.
Heard Sri Santosh Kumar Singh, learned counsel for the applicant as well as learned AGA for the State and perused the material available on record.
Learned counsel for the applicant has submitted that the applicant is innocent and has been implicated in this case on confessional statement of co-accused. He is not named in the F.I.R. No incriminating article has been recovered form his possession. No identification parade has been conducted. The applicant is in jail since 21.11.2018. If he be released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of applicant and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence this bail application is allowed.
Let the applicant- Virendra Yadav, involved in aforesaid case, be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relative) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, (iii) recording of statement under Section 313 Cr.P.C. and (iv) argument/judgement.
(v) If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 21.12.2018 Vandana