Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44829 of 2018 Applicant :- Yash Pal Opposite Party :- State Of U.P.
Counsel for Applicant :- D.C. Dwivedi,Atul Pandey,Shamsher Singh Counsel for Opposite Party :- G.A.,Mayank Yadav,Vivek Kumar Singh
Hon'ble Ajit Singh,J.
List has been revised. No one is present on behalf of the complainant.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Yash Pal in connection with Case Crime No.809 of 2018, under Section 302 I.P.C., P.S. Baghpat, District Baghpat.
The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant has been falsely implicated in this case on the basis of his extra judicial confession given to the uncle of the deceased. He further submitted that it is a case of blind murder and in the first information report it is stated that the first informant and other witnesses have reached the place of occurrence after hearing the sound of firing. He further submitted that some unknown persons had fired towards the deceased. He has not given any such statement to anybody and there is no other evidence against the applicant, which could connect the applicant with the commission of the crime and the extra judicial confession is flimsy and false and alleged recovery of country-made pistol from the pointing out of the applicant is totally false and there is no public witness of the alleged recovery. He further submitted that the deceased was not seen by anybody in the company of the applicant prior to the incident and no body had seen the applicant running away after the incident from the place of occurrence. He submitted that the applicant is languishing in jail since 01.07.2018 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Yash Pal involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties 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 appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 21.8.2019 R./