Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7804 of 2018 Applicant :- Yashpal Opposite Party :- State Of U.P.
Counsel for Applicant :- Prakash Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Yashpal who is involved in Case Crime No. 398/2017, under Sections 302, 201 and 34 I.P.C., Police Station- Nauganwa Sadat, District Amroha.
As per prosecution version, in the intervening night of 20/21.08.2017, appellant Yashpal with co-accused Anuraj, Guddi, Sushil, Vishesh have committed murder of Surajmukhi wife of Anuraj.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. There is no eye witness of alleged occurrence. Appellant is elder brother of co- accused Anuraj and he lives separately from Anuraj. Appellant has no concern with the family of co-accused Anuraj and deceased Surajmukhi. The applicant has no criminal history and he is in jail since 24.08.2017.
Learned A.G.A. has opposed the prayer for bail.
Applicant is brother of co-accused Anuraj. Motive of comitting murder is assigned to co-accused Anuraj not to applicant. Applicant has no criminal antecedent.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Yashpal be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Magistrate concerned.
Accordingly bail application is allowed. Order Date :- 27.2.2018 Sharad/-