Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17441 of 2010 Petitioner :- Ashok Yadav Respondent :- State Of U.P Petitioner Counsel :- Viresh Mishra,Amit Mishra,Naveen Yadav,Vineet Pandey Respondent Counsel :- Govt Advocate Hon'ble B.N. Shukla,J.
Heard Sri Viresh Mishra, learned Senior Counsel assisted by Sri Naveen
Yadav and Sri Amit Mishra, learned counsel for the applicant, Sri A.C.
Srivastava, learned counsel for the complainant, learned A.G.A. for the State
and perused the record.
Learned counsel for the applicant has contended that case against the
applicant is of conspiracy and the applicant was in jail on the date of
occurrence in case under section 122B IPC. It is further contended that the
applicant has developed serious eye trouble and the applicant remained in jail
in between 16.6.1998 and 23.6.1998 in connection with another case and was
released from jail on 23.6.1998. The applicant is in jail since 21.1.2009.
Learned counsel for the complainant has contended that the applicant has
criminal history and the plea of alibi has been fabricated. Learned A.G.A.
also supported the same fact.
Considering the role of the applicant and also the fact that the case relates to
the year 1998 but without effecting the merit of the case, the applicant is
entitled to be released on bail.
Let the applicant Ashok Yadav involved in case crime no. 157 of 1998,
under section 147, 148, 149, 302, 452, 506 and 120B IPC, P.S. Mussorie,
District Ghaziabad be released on bail on his furnishing a personal bond with
two sureties each in the like amount to the satisfaction of the court concerned
with the following conditions.
1. The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2. He shall cooperate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission of any
crime after being released on bail.
Order Date :- 9.7.2010
Masarrat