Yogesh @ Baba v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38879 of 2023 Applicant :- Yogesh @ Baba Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Lal Chandra Misra holding brief of Sri Shailesh Kumar , learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.232 of 2023, under Sections 307, 506, 120B IPC, Police Station Indergarh, District Kannauj, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case only on the ground of suspicion. He has not committed any offence as alleged. He was neither present on the spot nor had he been arrested therefrom. He further contends that the injuries occurred were simple in nature. The applicant has no previous criminal history. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since

08.08.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Yogesh @ Baba, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In 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 :- 13.10.2023 Shahroz High Court of Judicature at Allahabad