Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57631

of 2022

Applicant :- Yogesh @ Shushank @ Chhotu

Opposite Party :- State of U.P.

Counsel for Applicant :- Om Prakash Yadav,Sanjay Kr.

Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and Sri Ram Adhar

Ram, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the

applicant with a prayer to release him on bail in Case Crime

No.618 of 2022, under Section 3/5/25 Arm Act, P.S. Bhogaon,

District Mainpuri, during pendency of the trial.

Learned counsel for the applicant submitted that applicant is

innocent and has falsely been implicated in the present case on

account of recovery of two country made pistols and tamancha;

the recovery is totally false and planted; there is no public or

independent witness of the alleged recovery. Further submission

is that earlier the applicant was implicated in Case Crime

No.185 of 2020 under Section 5/25 of Arms Act and when he

was granted bail in the said case crime, the applicant has been

falsely implicated in the present case. Moreover, there is no

prospect of trial of the present case being concluded in near

future. The applicant is languishing in jail since 14.11.2022 and

in case he is enlarged on bail he will not misuse the liberty of

bail and co-operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case,

submissions of learned counsel for the parties and keeping in

view the nature of offence, evidence, complicity of accused and

without expressing any opinion on the merits of the case and

the law laid down by the Apex Court in Satendra Kumar Antil

Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021,

the Court is of the view that the applicant has made out a case

for bail. The bail application is allowed.

Let the applicant, Yogesh @ Shushank @ Chhotu, who is

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

following conditions. Further, before issuing the release order,

the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence

by intimidating/ pressurizing the witnesses, during the

investigation or trial.

2. The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or

commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Order Date :- 20.1.2023

Meenu Singh

Digitally signed by :-

MEENU SINGH

High Court of Judicature at Allahabad

Digitally signed by :-

MEENU SINGH

High Court of Judicature at Allahabad