The court granted bail to Abhishek Yadav in a case of attempt to murder and theft, noting his lack of criminal antecedents, innocence, and the absence of evidence linking him to the offence, while imposing strict bond conditions.
Bail granted on personal bond and two sureties with conditions to appear in court, not tamper with evidence, and report to police.
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Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 503 of 2019
Applicant :- Abhishek Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State-opposite party and perused the record.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case due to ulterior motive and strong political village enmity. That no specific role was assigned to the applicant. That the applicant is having no criminal antecedent and he is a bright student of B.Sc. Ist year. That a case crime no. 31 of 2018, under Section 392, 411 I.P.C. and in the said case the applicant has already been granted bail. That prior to these cases the applicant is not wanted in any other criminal case. He further submitted that applicant has no criminal antecedents. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence and has been falsely implicated just to harass, victimise and exert undue pressure on him. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 27.06.2018.
Learned A.G.A. has vehemently opposed the prayer of bail application submitting that allegations against the applicant are serious in nature, and therefore, bail may not be granted.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Abhishek Yadav involved in Case Crime No. 267 of 2018, under Section 307 I.P.C., Police Station
Jaswant Nagar, District Etawah be released on bail on 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 pressurise/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Application is, accordingly, disposed off.
Order Date :- 17.4.2019 Vibha Singh
2 issues framed by the court
Whether bail should be granted to the applicant in the offence of attempt to murder and theft.
Whether the applicant has made out a prima facie case for bail despite serious allegations.
Abhishek Yadav
Suresh Kumar Gupta
Vibha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
