Shiv Madan Yadav vs State Of U.P.
2019 Latest Caselaw 5611 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 6503 of 2019
 

 
Applicant :- Shiv Madan Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Mubin Ahmad,Ahsan Ahmad,Mohd Javed,Zia-Ur-Rehman
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Singh,J.

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

The present bail application has been filed on behalf of the applicant in Case Crime No.304 of 2018 under Sections 302 and 201 I.P.C, Police Station Chinhat, District Lucknow, with the prayer to enlarge him on bail.

The submissions of learned counsel for the applicant are that the applicant is innocent person and has been falsely implicated in the case, he is having no previous criminal history and in jail since 30.04.2018. The case of the applicant is similar to co-accused Bhagwan Mahto who has been enlarged on bail by this Court, vide order dated 13.02.2019 passed in Criminal Misc. Bail Application No.11031 of 2018, in these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that similarly situated co-accused Bhagwan Mahto has already been granted bail.

Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Let applicant -Shiv Madan Yadav- be released on bail in Case Crime No.304 of 2018, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.

(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.

(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.

Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.

Order Date :- 8.7.2019

Amit/-