R. K. Yadav @ Rinku Yadav @ Om Prakash Yadav v. State of U.P. Tthru Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1276 of 2023 Applicant :- R. K. Yadav @ Rinku Yadav @ Om Prakash Yadav Opposite Party :- State Of U.P. Tthru Prin. Secy. Home Lko. Counsel for Applicant :- Praveen Kumar Tripathi,Vyas Narayan Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Shiv Kumar Soni holding brief of Sri Vyas Narayan Shukla, learned counsel for the applicant, Sri Ahilesh Kumar Vyas, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 241 of 2021, under Sections 457, 380 I.P.C., registered at Police Station Motigarpur, District Sultanpur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.07.2021 alleging theft of some articles from the informant's shop committed by some unknown thieves in the night of

27.07.2021.

¶4Police claimed to have arrested two other persons and recovered articles from their possession. The applicant has been implicated in the present case on the basis of custodial statements of those two arrested persons.

¶5In the affidavit filed in support of bail application, it has been stated that the applicant is innocent, and he has been falsely implicated in the present case. Applicant's criminal history of 24 cases has been disclosed in para 16 of the affidavit, in all of which, the applicant has been granted bail. The applicant has been granted bail in Case Crime No.137 of 2021 under Sections 457, 380 IPC, Police Station Motigarpur, District Sultanpur, in which also he had been implicated on the basis of similar statement.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of custodial statement of co-accused persons and no incriminating material has been recovered from the applicant and that he has already been granted bail in another case of similar nature; that the applicant is languishing in jail since 20.04.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-R. K. Yadav @ Rinku Yadav @ Om Prakash Yadav be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 16.10.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench