Rakesh Yadav vs State Of U P

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43035 of 2017 Applicant :- Rakesh Yadav Opposite Party :- State Of U.P.

Counsel for Applicant :- Ramesh Prajapati Counsel for Opposite Party :- G.A.

Hon'ble Abhai Kumar,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in Case Crime No. 51 of 2017, under Sections 379, 411 IPC, Police Station - Laxa, District - Varanasi, with the prayer to enlarge him on bail.

It is submitted by the learned counsel for the applicant that the FIR was unnamed and later on applicant was arrested in Case Crime No. 111 of 2017 and certain recoveries of automobiles are said to have been made, out of which one is connected to the present case. It is submission of the learned counsel that the applicant is having no previous criminal history and the recovery that has been shown is false and fabricated one. The contention raised by the learned counsel for the applicant is that the similarly placed co-accused Indresh Yadav, Rohit Mishra @ Bantoo Mishra, Mohd. Ashraf @ Savaloo, Khadim, Akhilesh Kumar Verma and Sandeep Kumar have already been enlarged on bail by Sessions Courts vide orders dated 17.8.2017 and 13.9.2017 passed in First Bail Application Nos. 2494, 2570, 2657, 2888, 3093 of 2017, copies of which have been annexed as Annexure 4 and 5. He further submits that since the role of the applicant is identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 1.6.2017.

The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and considering the complicity of the accused applicant in the present case and seeing the fact that identically placed co-accused have already been enlarged on bail, without expressing any opinion on merits of the case, prima facie it is a fit case for grant of bail. However, any observation made hereinabove, will not affect the trial of the case.

Let the applicant Rakesh Yadav involved in Case Crime No. 51 of 2017, under Sections 379, 411 IPC, Police Station - Laxa, District - Varanasi, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:

1. The applicant shall co-operate in the investigation.

2. The applicant shall not tamper with the prosecution evidence.

3. The applicant shall not pressurize the prosecution witnesses.

4. The applicant shall appear on the date fixed by the trial Court.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Order Date :- 7.11.2017 Ranjeet Sahu