Court No. - 8 Case :- BAIL No. - 4698 of 2010 Petitioner :- Mahaveer Yadav Respondent :- State Of U.P. Petitioner Counsel :- Ashok Kumar Singh-I Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant, the learned AGA and perused the
record.
The learned counsel for the applicant submitted that co-accused Girish
Chandra Bajpai @ Dallu Bajpai and Santosh Tiwari have already been bailed
out by this Court. The presence of the complainant at the time of occurrence
was highly improbable. It was further submitted that the complainant had
filed affidavit before the C.J.M. Hardoi that his son Sanu @ Somendra
himself came to the house and the applicant was not one of the kidnappers.
The learned counsel for the applicant further submitted that the story of
recovery of Sanu @ Somendra from the possession of the applicant is far
from the fact as the applicant was arrested from his house and a fax was given
by a family member of the case.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of offence and evidence, complicity of the
accused, the severity of punishment and submissions of the learned counsel
for the applicant and the learned AGA, I am of the view that the applicant has
made out a case for bail.
Let the applicant Mahavir Yadav involved in the case crime no.2116 of 2009
under section 364-A IPC, police station Kotwali City, district Hardoi, be
released on bail on his furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the CJM concerned.
Order Date :- 1.7.2010
RKSh