Rajan Yadav v. State of U.P

Court No. - 37 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45554 of 2023 Applicant :- Rajan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. This is the second bail application. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 375 of 2020 at Police Station-Patherowa, District-Kushi Nagar under Sections 147, 148, 149, 302, 120-B, 34 IPC. The applicant is in jail since 13.07.2023. The first bail application of the applicant was rejected by this court on 21.08.2023. The following arguments made by Sri Jagdish Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Rishi Chaddha, learned AGA from the record, entitle the applicant for grant of bail:

¶1The applicant is not a flight risk. The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor did he influence any witness.

¶2Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to co-accused Rajendra Yadav and Ram Gulam Yadav who have been granted bail by this Court on 24.08.2023 in Criminal Misc. Bail Application No. 37376 of 2023 and order dated

21.08.2023 in Criminal Misc. Bail Application No. 36287 of 2023.

¶3The applicant does not have any criminal history apart from this case. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Rajan Yadav be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. Order Date :- 16.11.2023 Pravin High Court of Judicature at Allahabad