Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2290 of 2018 Applicant :- Yogendra Kumar @ Rajeev son of Jayveer Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Mukesh Kumar Maurya, Rajesh Kumar Yadav Counsel for Opposite Party :- G.A., Bratendra Singh
Hon'ble Dinesh Kumar Singh-I,J.
Shri Rajesh Kumar Yadav, learned counsel for the applicant, is permitted to correct the description of applicant in the Bail Application by adding words "son of".
Heard learned counsel for applicant; Shri G.P. Singh, learned A.G.A. appearing for the State and perused the record of the case.
This Bail Application under Section 439 Cr.P.C. has been moved for seeking bail in Case Crime No. 159 of 2017, under Section 302 IPC, P.S. Dannahar, District - Mainpuri.
It is argued by the learned counsel for applicant that the applicant has been falsely implicated in this case. The only evidence which the prosecution has gathered against him was that of last seen and all the three witnesses of the last seen, namely, Amlesh, Mohit and Ram Bahadur (father of the deceased) have not supported the prosecution story. The false recovery of one iron rod (Saria) is alleged to have been made from an open place accessible to all and sundry at the instance of the applicant. The accused applicant has no criminal history and is languishing in jail since 07.07.2017; if released on bail he will not misuse the liberty of bail.
The learned A.G.A. as well as Shri Sanjeev Kumar Gupta holding the brief of Shri Bratendra Singh for informant has opposed the grant of bail, but the could not controvert the aforesaid submission of the counsel for applicant for grant of the bail.
In the light of the aforesaid arguments, looking to the facts of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant - Yogendra Kumar @ Rajeev 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/pressuring 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 release 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 :- 31.7.2019 LBY