Ghasiram Yadav Alias Bantu v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43348 of 2023 Applicant :- Ghasiram Yadav Alias Bantu Opposite Party :- State of U.P. Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C of the Code of Criminal Procedure, 1973, has been filed with a prayer to enlarge the applicants on bail in Case Crime No. 09 of 2023, under Sections 420, 467 I.P.C and Section 66-C of Information Police Station-Cyber Crime District Jhansi, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant is innocent and has falsely implicated in the instant case. The applicant is a young lad and is doing private job in Vodafone company. It is next contended that the co-accused Salman, Idrish Khan and Raj Yadav, having similar role, have been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 43990 of 2023, 42603 of 2023 and 43726 of 2023, vide orders dated 07.11.2023,

06.10.2023, and 26.10.2023 respectively. Copies of the bail orders provided by the learned counsel for the applicant are taken on record. The applicant claims parity. Learned counsel for the applicant has lastly contended that the applicant is in jail since 22.08.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶4The prosecution has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant - Ghasiram Yadav Alias Bantu involved in the aforesaid case crime 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 :- 17.11.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad