This court allowed the bail application of the accused-applicant in a case under Sections 394 and 411 IPC, releasing him on bond with sureties after observing his羁押 and lack of criminal history.
Applicant released on bail by furnishing a personal bond and two reliable sureties and filing an undertaking.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46898 of 2019
Applicant :- Ram Prakash Yadav @ Banda Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ishwar Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed by learned counsel for applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 138 of 2019, under Sections 394 and 411 IPC, Police Station Reoti, District Ballia, applied for bail.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case; he is not named in the FIR; his name came into light during the investigation and he has committed no offence; nothing has been recovered from the possession of the accused applicant; alleged recovery shown by the Police is false and fake; Applicant is languishing in Jail since 31.7.2019 having no criminal history at the time of arrest. Learned counsel for applicant submitted that accused was not identified by the injured. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that as per prosecution story, on 30.7.2019 at about 9:30 pm, Subodh Kumar and one Guddu were sitting in Tea-stall near Temple; three unknown persons came there and opened fire, due to which, Subodh Kumar sustained injuries; unknown persons snatched a new Apache Motorcycle and one Mobile. At the time of arrest, alleged motorcycle, which is alleged to be looted in incident, and some other articles have been recovered from the possession of the applicant; accused-applicant opened fire on Police Party at the time of arrest.
Considering the facts and circumstances of the case, rival
contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let, applicant-Ram Prakash Yadav @ Banda Yadav be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 15.11.2019 Akram
1 issue framed by the court
Whether the accused-applicant deserves bail in a case involving offences under Sections 394 and 411 IPC.
Ram Prakash Yadav @ Banda Yadav
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
