Allahabad High Court
Ajay Yadav vs State Of U.P. on 22 March, 2021
Author: Subhash Chand
Bench: Subhash Chand
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13493 of 2021 Applicant :- Ajay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shashank Yadav,Gauri Dubey,Gautam Dubey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant(s), Ajay Yadav, who is involved in Case Crime No. 08 of 2021, under Sections 399, 402 I.P.C. P.S.- Shikohabad, District- Firozabad.
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that as per version of case crime no.08 of 2021, loot of Rs.80,749.50 paisa is alleged of which FIR was lodged against the unknown miscreants. The police party apprehended the applicant and six other co-accused persons on 03.01.2021 and from the possession of applicant Rs.50,600/- are alleged to be recovered from the possession of the applicant, which has been connected with case crime no.08 of 2021. There is no independent witness of the alleged recovery. Applicant has been languishing in jail since 04.01.2021 and the criminal history of the applicant has been explained in paras-10 and 11 of the affidavit filed in support of bail application.
Learned A.G.A. vehemently opposed the prayer for bail and contended that recovery of 50,600/- has been connected with case crime no.8 of 2021. He failed to show any evidence that the applicant was identified by the informant.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Ajay Yadav, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 22.3.2021 Prajapati