Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32206 of 2021 Applicant :- Darshan Singh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjeev Mishra Gana Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Sanjeev Mishra Gana, learned counsel for the applicant, Sri Ankit Srivastava, learned counsel for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Darshan Singh Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 28 of 2021, under Sections 302, 120-B, 404 I.P.C., registered at Police Station Bhojipura, District Bareilly.
Learned counsel for the applicant argued that the applicant is the first informant of the present case. He had lodged the First Information Report regarding the murder of his chacha Jagan Lal. Subsequently, he has been made as an accused on the basis of suspicion only in the statements of Balbeer Singh and Raghubeer Singh. It is argued that there is no credible evidence whatsoever to connect the applicant in the present case. The said two persons have stated that Smt. Munni Devi the mother of the applicant was having some enmity with the deceased due to dispute of a property and had even earlier stated that she would get the game of the deceased finished and the applicant conspired with her and got the present murder committed. It is argued that the present case is a case of circumstantial evidence. There is no eye witness to the murder. There is no credible evidence to connect the applicant in the present case. Co- accused Dev Singh has been granted bail by this Court vide order dated 22.07.2021 passed in Crl. Misc. Bail Application No. 16096 of 2021 (Dev Singh Vs. State of U.P.), copy of the order is annexed as annexure 8 to the affidavit. He further argued that the applicant has no criminal history as stated in para 15 of the affidavit and is in jail since 22.01.2021.
Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail and argued that the applicant had wrongly lodged the First Information Report but he is the conspirator in the murder.
After having heard learned counsels for the parties and perusing the records, it is evident that the present case is a case of circumstantial evidence. There is no eye witness to the murder. The applicant is the first informant of the present case. The implication of the applicant is on the basis of suspicion only.
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 Darshan Singh 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 :- 27.9.2021 M. ARIF (Samit Gopal, J.)