Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43395 of 2021 Applicant :- Girand Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 248 of 2002, under Sections 302, 149 IPC, Police Station - Kotwali, District - Shahjahanpur with the prayer to enlarge the applicant on bail.
First Information Report of this incident was lodged on 04.07.2002 against as many as four accused persons, namely, Rajneesh Mishra, Girand Yadav (applicant), Bantoo and Rakesh Mali. It was alleged in the report by complainant Ashutosh Saxena that today he saw that near the electric pole set up at the house of Khan Sahab, Rajneesh Mishra, Girand Yadav, Bantoo, Rakesh Mali and three unknown persons were coming towards the complainant's brother having in their hands country made pistols, rifles and guns. The complainant shouted out to make Anshu alert, but the aforesaid persons caught hold the complainant's brother by chasing him and thereafter Rajneesh Mishra and Girand Yadav (applicant) shot fires at him. In the hospital he was declared dead.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that after recording of the statements of P.W. 1 and P.W. 2 an application has been moved by ADGC (Criminal) under Section 319 Cr.P.C. for summoning the applicant Girand Yadav and Rajneesh Mishra to face trial proceedings and the said application has been allowed, vide order dated 21.04.2010, passed by the Additional Sessions Judge/F.T.C., Shahjahanpur and the applicant and co-accused Rajneesh Mishra were summoned by the trial court as accuseds. It is submitted that the applicant was exonerated during the investigation and charge sheet dated 29.08.2002 was submitted against other co-accused. There is no clinching evidence to connect the present applicant with the alleged offence under Sections 302, 149 IPC. It is also submitted that the criminal history of the present accused has been explained in para - 22 of the affidavit. Lastly, it is argued that the applicant is in jail since 17.09.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the applicant was exonerated during the investigation and considering that he was summoned along with co-accused by the trial court as witness and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Girand Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 28.10.2021 LBY