Court No. - 35 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35091 of 2009 Petitioner :- Kailash Yadav Respondent :- State Of U.P. Petitioner Counsel :- K.N.Mishra Respondent Counsel :- Govt Advocate Hon'ble Mrs. Jayashree Tiwari,J.
Heard learned counsel for the accused applicant and the learned AGA and
perused the record.
It is contended that the accused applicant was challaned in eight other cases,
on the basis of which he has been challaned in this case and a gang chart is
being prepared. In para No.6 of his affidavit annexed with bail has been
mentioned and submitted that due to village politics, he has been falsely
implicated. In the supplementary affidavit, he has stated that he has been
bailed out in most of these cases. This fact has been stated by him in para
No.3 of the supplementary affidavit . No averments in rebuttal have came out
on behalf of State by way of any counter affidavit.
Without going into the merit of the case at this stage and considering the fact
that the offence is triable by the Court of Magistrate. I think it expedient that
the accused be released on bail.
Let the accused applicant Kailash Yadav involved in case Crime No.185 of
2009 U/s 3(1) of U.P. Gangester Act Police Station Bhatpar Rani district
Deoria be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of Court concerned plus following
undertaking that:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/intimidate the prosecution witness.
3. The applicant shall not absent himself from appearing in the Court on the
date fixed without prior permission of the Court.
Order Date :- 4.2.2010
PR/-