Anuj Yadav vs State Of U.P.
2019 Latest Caselaw 3783 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18156 of 2019
 

 
Applicant :- Anuj Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Kailash Nath
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant contends that applicant is not named in FIR lodged by brother of deceased with the averments that on 13.08.2018, his brother Naval Kishore Singh was shot dead by unknown persons near Law College, Pili Kothi, when he was going to Varanasi by his vehicle from electricity department. The name of applicant came into light during investigation. In the confessional statement of applicant it has come that the applicant communicated information with regard to the location and movements of deceased to his brother Rajnikant @ Sintu Yadav who along with co-accused Sonu Yadav have committed the murder of the deceased. It has further been submitted that the applicant had not caused any injury to the deceased. He has falsely been implicated in the present case due to being brother of co-accused Rajnikant @ Sintu Yadav. It has further been submitted that co-accused Arvind Yadav having identical role has already been released on bail by another bench of this court vide order dated 7.12.2018 in Criminal Misc. Bail Application No. 43047 of 2018, therefore, the applicant is also entitled for bail on the ground of parity. There is no previous criminal history of the applicant and he is in jail since 17.8.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Arvind Yadav having identical role has already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Anuj Yadav involved in Case Crime No. 434 of 2018, under section 302, 120B & 34 IPC, P.S. Line Bazar, District Jaunpur be released on bail on his furnishing a personal bond with 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. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall 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 :- 30.4.2019

Masarrat