Court No. - 53

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25550

of 2021

Applicant :- Ashutosh Yadav alias Chirku

Opposite Party :- State of U.P.

Counsel for Applicant :- Dhirendra Kumar Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

Supplementary affidavit filed by learned counsel for the

applicant today, is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for

the State.

It has been argued by learned counsel for the applicant that the

applicant is innocent and he has not committed any offence.

Applicant is not named in first information report. Learned

counsel has submitted that involvement of applicant was shown

on the basis of statement of Mukesh Yadav, who is brother of

deceased, and he has merely alleged that applicant and co-

accused Rama Nand Harijan were taking away his brother

(deceased) and they have committed murder of his brother. It

was submitted that in fact during investigation, involvement of

said Mukesh Yadav was also shown in this case and thus, said

Mukesh Yadav was also made an accused in this case. Recovery

of country made pistol was also shown from possession of said

co-accused Mukesh Yadav. It was submitted that involvement

of applicant was shown on the basis of statement of Mukesh

Yadav but as said Mukesh Yadav has also been made an

accused thus, his statement has no evidentary value against

applicant. There is no eye-witness of alleged incident. It has

been further submitted that even as per statements of co-

accused persons, it is co-accused Mukesh Yadav, who has fired

bullet at the deceased and that role of applicant was merely

shown in taking away the deceased. Regarding criminal history

of applicant, it has been submitted that criminal history of ten

cases has been shown against applicant but those includes two

cases of police encounter, two cases of Arms Act and that some

of the cases have been registered after this case and that

applicant is on bail in all these cases, which have been shown in

the previous criminal history of applicant. No recovery of any

incriminating article has been shown from applicant. It has been

further submitted that similarly placed co-accused Rama Nand

has already been enlarged on bail by a co-ordinate Bench of this

Court, vide order dated 04.02.2021, passed in Criminal Misc.

Bail Application No.-7089 of 2021. It has been submitted that

the applicant is languishing in jail since 30.10.2020 and that in

case the applicant is released on bail, he will not misuse the

liberty of bail and will cooperate in trial.

Learned A.G.A. has opposed the prayer for bail.

Considering the entire facts and circumstances of the case,

submissions of learned counsel for the parties, nature of

evidence and all attending facts and circumstances of the case,

without expressing any opinion on merits of the case, the Court

is of the view that the applicant has made out a case for bail.

The bail application is allowed.

Let the applicant Ashutosh Yadav alias Chirku involved in Case

Crime No.162 of 2020, under Sections 302/34 IPC, P.S.

Chandauli, District Chandauli, be released on bail on furnishing

each a personal bond and two sureties each in the like amount

to the satisfaction of the court concerned subject to following

conditions:

1. The applicant shall not tamper with the evidence during the

trial.

2.The applicant shall not pressurize/ intimidate the prosecution

witness.

3.The applicant shall appear before the trial court on the date

fixed, unless personal presence is exempted.

4. The applicant shall not commit an offence similar to the

offence of which he is accused, or suspected, of the commission

of which he is suspected.

5.The applicant shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade them from disclosing such

facts to the Court or to any police officer or tamper with th