Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10078 of 2021 Applicant :- Dhananjai Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Kailash Pati Singh Yadav,Ashish Kumar Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A.,Diwan Saifullah Khan
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 195 of 2020, under Sections 147, 149, 323, 324, 307, 354, 506, 302 IPC, P.S.
Lohata, District Varanasi with the prayer to enlarge him on bail.
It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It has been submitted that alleged injured Mukesh Kumar Patel and Sanjay Kumar Patel have not sustained any injury. There is no motive on the part of applicant to commit the murder of deceased. It was submitted that as per prosecution version, co-accused Ajay Yadav, Pintu Yadav and Ajeet Yadav were having iron rods, whereas applicant was having a lathi. Learned counsel submitted that applicant was not involved in any such incident. It has been further submitted that similarly placed co-accused Vivek Yadav @ Vikky Yadav has already been granted bail by this Court vide order dated 23.06.2021, passed in Criminal Misc. Bail Application No.17133 of 2021. It has been further submitted that the applicant is languishing in jail since 12.08.2020 and that in case the applicant is released on bail, he will not misuse the liberty of bail and cooperate in the trial.
Learned A.G.A., and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in first information report and that he has been assigned the role of causing injury to deceased with lathi. It has been submitted that deceased has sustained several injuries at his head and those injuries are possible by blow of lathi. It has been further submitted that the case of applicant has no parity with said co-accused Vivek Yadav @ Vikky Yadav as said co-accused was not named in first information report. He was also not named by the informant and injured in their statements under Section 161 Cr.P.C. and that name of said co-accused Vivek Yadav @ Vikky Yadav figured in supplementary statement of informant and injured recorded on 27.08.2020, whereas applicant is consistently named in the first informant report and in subsequent statements of eye-witnesses that he has assaulted the deceased with lathi.
Perusal of record shows that in postmortem report, deceased has sustained several injuries at his head. The postmortem report clearly shows that deceased was assaulted mercilessly at his vital parts. The applicant is named in the first information report as well as statements of witnesses, thus, case of applicant has no parity with said co-accused. Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of case, the applicant is not entitled to be enlarged on bail. Hence, the bail application of applicant Dhananjai Yadav is hereby rejected.
However, keeping in view period of incarceration of applicant, trial court is directed to expedite the trial and to decide the same preferably within a period of one year from the date of filing of certified copy of this order, if there is no other legal impediment.
Order Date :- 28.7.2021 A. Tripathi