Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21355 of 2010 Petitioner :- Shivbachan Yadav Respondent :- State Of U.P. Petitioner Counsel :- Ronak Chaturvedi Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
It is contended by learned counsel for the applicant that allegation against the
applicant is of hatching conspiracy to murder the deceased as has come in the
statement of witnesses of Narain Giri and Duber Rajbhar.
Learned AGA has contended that in this case five persons were murdered and
applicant has criminal history of 13 cases.
Perused the statement of Narain Giri. 13 criminal cases against the applicant
is explained in Para 32 of the affidavit. Allegation against the applicant is of
hatching conspiracy.
Considering the nature of accusation and the severity of punishment in case of
conviction and the nature of supporting evidence, reasonable apprehension of
tampering of the witnesses and prima facie satisfaction of the court in support
of the charge, the applicant is entitled to be released on bail.
Let the applicant Shivbachan Yadav involved in case crime no. 228 of 2008,
under Sections 147, 148, 149, 307, 302, 120-B IPC and Section 5 of the
Explosive Substances Act and Section 7 of Criminal Law Amendment Act,
P.S. Jahanaganj, Dist. Azamgarh 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.
Order Date :- 11.8.2010
Sushma