Court allowed bail application filed by an accused in murder case, noting hostility of prosecution witnesses and co-accused's bail, allowing bail on personal bond and sureties subject to conditions.
Article 21 (right to bail) - Accused released on bail on furnishing personal bond and two sureties each in like amount.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53000 of 2022
Applicant :- Kuldip Yadav @ Prince Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for causing murder of the deceased with other co-accused Sandip Yadav. Incident took place in the night and no one was present there to witness the incident. It is also submitted that P.W.1 and P.W. 2 are said to be eye witnesses have been examined before the learned trial court, they have not supported the prosecution case and turned hostile. In this way, there is no evidence on record to show the complicity of this applicant in causing injuries to the deceased. He is languishing in jail since 15.4.2021, having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. He lastly submits that the co-accused Sandip Yadav, has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 23.09.2022 passed in Criminal Misc. Bail Application No. 36134 of 2022, copy of the bail order has been produced before this Court and is taken on record.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, statements made by P.Ws. 1 & 2 before the learned trial court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Kuldip Yadav @ Prince involved in Case Crime No. 40 of 2021, under Section 302 I.P.C., P.S. Bhawarkol, District Ghazipur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 6.1.2023
S.Ali
Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant has made out a prima facie case for release on bail.
1 provisions across 1 enactments
Kuldip Yadav @ Prince
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
