Raju Yadav vs State Of U.P.
2019 Latest Caselaw 5217 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7162 of 2018
 

 
Applicant :- Raju Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajeev Chaddha,Arunesh Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of applicant, is taken on record.

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

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR was lodged against unknown. In FIR it has been mentioned that Suleman, elder brother of informant was tractor driver of Gyan Chandra and was driving his tractor and after loading sugarcane from collection centre he used to go Punjab Chini Mill and on 4.4.2017 after unloading sugar cane at sugar mill he was coming back to his house but in the way some unknown culprits killed him and thrown his dead body in nearby field and took away tractor, his mobile and money. After 3 months i.e. on 11.7.2017 the applicant was arrested in a police encounter case and recovery of tractor of deceased has been shown from the possession of the applicant. It has further been submitted that false recovery has been planted against the applicant and the alleged recovery has been shown after 3 months of the alleged incident which is not believable. There is no eye witness of the alleged occurrence. The applicant has not committed the alleged offence. Except the recovery of alleged looted tractor there is no other cogent evidence against the applicant. The applicant has no criminal history and is in jail since 11.7.2017.

Per contra; learned A.G.A. has opposed the prayer for 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 Raju Yadav involved in Case Crime No. 215 of 2017, under section 302, 394, 411 IPC, P.S. Ram Kola, District Kushi Nagar 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 :- 30.5.2019

Masarrat