In this criminal miscellaneous bail application, the High Court granted bail to Munna Kumar Yadav involved in a murder and attempt to murder case. The court observed that no material evidence was pointed out against the applicant to deny bail.
Release of the applicant on bail on personal bond and two sureties.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44392 of 2019
Applicant :- Munna Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Shivajee Srivastava,Ashwani Kumar Rai
Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 226 of 2019, u/s 302, 307, 109 IPC, P.S. Madhuban, District Mau with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the F.I.R. was lodged against six named accused alleging that Deepan Yadav, brother of the informant was murdered by firing by the named accused. During investigation, named accused was exonerated by the police and certain other accused were introduced. Learned counsel states that in the confessional statement of newly introduced accused the name of the applicant surfaced. In the confessional statement of co-accused it is stated that the applicant was tracking the movement of the deceased and was informing the main accused; he has not been assigned any active role by any of the witness.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Munna Kumar Yadav involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.10.2019 Dhirendra/
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case under sections 302 and 307 IPC.
Munna Kumar Yadav
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
