Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32549 of 2021 Applicant :- Banti Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey,Bhavisya Sharma Counsel for Opposite Party :- G.A.,Firoz Haider
Hon'ble Rajiv Joshi,J.
Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant, learned AGA for the State as well as Sri Firoz Haider, learned counsel for the informant and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 256 of 2021, under Sections- 302, 34 IPC., Police Station - Qwarsi, District- Aligarh.
It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is further submitted that as per the FIR, the incident occurred on 4.3.2021 at 9:30 p.m. and FIR was lodged on 9.3.2021 at about 14:50 hours after five days delay and there is no plausible explanation for delay in lodging the FIR. The First Information Report was lodged against unknown persons to the effect that when the father of the informant Dr. Syed Ali Zahir Zaidi while returning home was hit by an unknown vehicle from back side as a result thereof, he died at the spot. It is next submitted that initially the FIR was registered under Section 279/304-A IPC, subsequently, which was converted into under Section 302, 34 IPC. It is next submitted that the applicant was not named in the FIR and the name of the applicant along with three co-accused persons were surfaced on the basis of the statement of the first informant recorded under Section 161 Cr.P.C. on 11.3.2021. It is next submitted that as per the C.C.T.V. footage, the vehicle bearing No. U.P. 81 BW 0770 was identified, which was hit the vehicle of the deceased and the alleged vehicle belongs to one Vivek Yadav, and Vivek Yadav has moved an application to the effect that the applicant has taken his vehicle which belongs to him on the relevant time of the incident and is alleged to have hit the vehicle of the deceased resulting into his death. It is next submitted that from the C.C.T.V. footage, vehicle has been identified but who is driving the alleged vehicle has not been identified. It is next submitted that there is no credible evidence against the applicant to connect such offence. It is the case of circumstantial evidence and nobody has seen the incident even, there is no independent witness for the such incident.
It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. The applicant is in jail since 14.3.2021 having criminal history one case which has been explained in paragraph no. 35 of the affidavit, in which, he is already enlarged on bail of and there is no likelihood of early conclusion of trial and hence, the applicant may be released on bail during pendency of trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Without expressing any opinion on the merits of the case and 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 in this case. The bail application stands allowed.
Let the applicant- Banti 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:-
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 will 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file self attested computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 27.10.2021 Akbar