Raj Kumar Yadav vs State Of Up
2016 Latest Caselaw 273 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 975 of 2016
 

 
Applicant :- Raj Kumar Yadav
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Sadhu Sharan Chaubey,Sunita Tiwari
 
Counsel for Opposite Party :- Govt. Advocate,Lalu Prasad Bhatt
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned  A.G.A. as well as learned counsel for the complainant and perused the record.

Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. Only role of extortion has been assigned to the applicant and role of causing injury to the deceased with fire arm has been assigned to co-accused Roshan Lal. The applicant has not caused any injury to the deceased. In post-mortem report only one gun shot injury has been found to the deceased and the cause of death of deceased has been shown Comma due to ante-mortem fire arm injury. The co-accused Nan Babu Yadav having identical role has already been granted bail by another Bench of this Court vide order dated 05.02.2016, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 14.06.2015.

Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Raj Kumar Yadav involved in Case Crime No.668 of 2015, Under Sections  147, 148, 149, 302, 504, 506 I.P.C., Police Station Visheshwarganj, District Bahraich, 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:

1.   The applicant will not tamper with the evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

3.   The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to  cancel the bail of the applicant.

Order Date :- 10.3.2016

Jitendra