The Court allowed bail to Dharmdev Yadav in a criminal case involving sections 307, 352, and 384 IPC, directing him to furnish a bond with sureties and adhere to standard conditions.
Released on bail on furnishing a personal bond with two sureties each, subject to attendance, no tampering with witnesses, and no illegal activities.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19817 of 2018
Applicant :- Dharmdev Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sugendra Kumar Yadav,Anand Prakash Srivastava
Counsel for Opposite Party :- G.A.,Akhilesh Kumar
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Akhilesh Kumar, learned counsel for the compainant and learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further assigned that the role has been assigned to Veer Singh Yadav who has been released on bail by the court below on 12.6.2018. The main accused who has been assigned the role of firing was juvenile at the time of the incident. The learned court below while granting bail to the main accused Veer Singh Yadav has discussed the Juvenile Justice Act. The principle of which is that the bail should not be refused on the mere ground of gravity of offence. The role assigned to the present applicant is of exhortation. The criminal history of the applicant has been properly explained in paragraph no.9 of the rejoinder affidavit filed on 7.8.2018. It has also been submitted that the applicant is languishing in jail since 13.4.2018.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Dharmdev Yadav involved in Case Crime No. 75 of 2018, under Sections 307, 352, 384 IPC, Police Station Rampur Karkhana, District Deoria 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:-
release.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 8.8.2018
Manish Tripathi
1 issue framed by the court
Whether the applicant is entitled to be released on bail considering the nature of accusation, severity of punishment, and supporting evidence.
Dharmdev Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
