Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28259 of 2021 Applicant :- Arun Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Subhash Chandra Yadav, Advocate holding brief of Sri Vinod Kumar Yadav, learned counsel for the applicant, Sri Sanjay Singh, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure which has been filed by the applicant Arun Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 123 of 2021, under Section 304 I.P.C., Police Station Mubarakpur, District Azamgarh.
Learned counsel for the applicant argued that although in the First Information Report the applicant is named as an accused and the allegation is that some dispute arose between the first informant and the applicant due to the grazing of the cow on which the applicant had fight with the son of the first informant wherein Smt. Shanti Devi the wife of the first informant intervened on which the applicant pushed her after which she fell down and became unconscious and was taken to the hospital where she was declared dead, does not in any manner gets any corroboration from the medical evidence. It is argued that the doctor conducting the postmortem examination did not find any bodily injury on the body of the deceased and has opined the cause of death as shock due to antimortem cardiac arrest which is natural death. It is argued that the doctor has found clotted present in both chambers of the heart which was full. It is argued that as such the prosecution version is false and incorrect and the applicant has been falsely implicated in the present case. He further argued that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 10.06.2021.
Per contra, learned counsel for the State opposed the prayer for bail but could not dispute the arguments as raised particularly with regards to the medical condition of the heart, the cause of death and fact that the deceased has not received any bodily injury.
After having heard learned counsels for the parties and perusing the records, it is evident that the cause of death of the deceased due to cardiac arrest and the heart was full of clotted blood which was a natural cause of death. There was no bodily injury found on her body.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant Arun Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 M. ARIF (Samit Gopal, J.)