Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41901 of 2017 Applicant :- Yogendra Tyagi @ Babbal Tyagi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.,Manoj Kumar Tripathi
Hon'ble Aniruddha Singh,J.
Supplementary affidavit has been filed today is taken on record.
Learned counsel for the complainant is absent on last date illness slip was sent by him.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against Sanny Tyagi, Shekhar Tyagi, Babbal Tyagi, Gajendra Tyagi, Babbu Tyagi and 2-3 unknown persons alleging that on 22.02.2017 they assaulted the injured Vijit @ Babbu Tyagi with lathi-danda and he has received injuries.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; general role has been assigned against all the accused persons; offence under Section 307 I.P.C. is not made out against the applicant; the co-accused Rahul @ Billa and co- accused Prince Sharma have already been enlarged on bail by Co-ordinate Bench of this Court; the criminal history of two cases against the applicant have been explained; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is in jail since 12.08.2017 (more than six months) Learned A.G.A. opposed the prayer for bail and admitted that the criminal history of two cases against the applicant have been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Yogendra Tyagi @ Babbal Tyagi involved in the Case Crime No.185 of 2017, under Sections 147, 148, 149, 307, 342, 325, 326 I.P.C., P.S. Hapur, District Hapur be released on bail on his 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, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.2.2018 A. Tripathi