Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6780 of 2018 Applicant :- Brij Mohan Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.), learned counsel appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged by Arun Kumar Yadav, son of the deceased (Ram Baran Yadav), alleging that on 11.12.2015 some unknown person killed Ram Baran Yadav. Deceased died after receiving nine injuries. During investigation, it was found that for money several times dispute was arisen between father and son and wife of the deceased. Deceased's wife Rajvanti stated in her statement recorded under Section 161 Cr.P.C. that due to money dispute both sons, complainant Arun Kumar Yadav and applicant had killed his father.
Learned counsel for the applicant submitted that mother was examined before the trial court as P.W. 1 and not supported the prosecution case and turned hostile. The applicant has been falsely implicated in this case and is languishing in jail since 14.11.2015 (three years and eight months) having no criminal history. There is no possibility to get this case decided in near future due to heavy load wok in the trial court. He is not named in the F.I.R. In case he is released on bail he will not misuse the liberty of bail and cooperate in trial.
Learned A.G.A. opposed the prayer for bail and submitted that applicant had killed his father for demand of money. Father died after receiving nine injuries. It will not be proper to appreciate the evidence produced before the trial court or as well as before this Court. There is no chance of false implication of the applicant. Therefore, his bail application is liable to be rejected.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without entering into the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the bail application is hereby rejected at this stage in Case Crime No. 287 of 2015, under Sections 302 I.P.C., Police Station Koraon, It is expected from the trial court to decide the case of the applicant expeditiously according to Section 309 Cr.P.C. on day to day basis, if there is no legal impediment.
D.M. & S.P./S.S.P,- Allahabad are directed to ensure the presence of the witnesses summoned before the court below. The learned District Judge, Allahabad is also directed to monitor the case on monthly basis in the Monitoring Cell.
The court concerned is also directed to send a detail report after every three months showing the reason therein why the case is not being decided, which shall be kept on record.
Office is directed to send a copy of this order to the court concerned within three days for compliance.
Order Date :- 26.7.2019 OP