Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38416 of 2020 Applicant :- Havaldar Opposite Party :- State of U.P.
Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed by leaned counsel for the applicant is taken on record.
Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The second bail application has been filed on behalf of the applicant- Havaldar in connection with Session Trial No. 344 of 2018 (State vs. Havaldar Yadav), arising out of Case Crime No. 275 of 2018, under Sections 302, 201, 506, 120-B I.P.C., Police Station- Soraon, District- Prayagraj, with the prayer to enlarge him on bail.
The FIR of this incident was lodged by the husband of the deceased and father of the deceased child with the allegation that on 31.03.2018 his wife along with her child aged about four years had gone to his maternal uncle's house at Village Chafri, Police Station Nawabganj, District Allahabad and when he came to his house in the night at about 8.30 p.m. this information was given to him by other children and on the next day, i.e. 01.04.2018 the dead bodies of a female and a child were found in the village Kalyanshah Ka Pura at about 6.00 a.m. and when the complainant reached there then he saw the dead bodies of his wife and son. It was also mentioned in the first information report that some time prior to the occurrence the applicant, Havaldar had enticed away the complainant's wife and threatened to kill the complainant. It was apprehended in the first information report that his wife and son have been murdered by the applicant along with his friends.
Learned counsel for the applicant has submitted that while rejecting the first bail application vide order dated 17.10.2019, the Court had directed the trial court to conclude and decide the trial of applicant within a period of six months from the date of production of certified copy of that order, however, the trial has not yet been concluded till date. Learned counsel has further submitted that there is no direct evidence against the applicant and he has been implicated in the present case only on the basis of circumstantial evidence of last seen. No incriminating article has been recovered at the pointing out of the applicant which could connect him with the present commission of crime. The applicant has already served more than three and a half year of incarceration. Thus, the applicant, who is languishing in jail since 04.04.2018, is entitled to be released on bail during pendency of trial. In case, the applicant is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant.
Having heard learned counsel for the applicant as well as learned A.G.A. for the State and considering the overall facts and circumstances of the case, the period of incarceration, the evidence appearing against the accused, as also the fact that trial has not yet been concluded, without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail to the applicant.
Accordingly, the bail application stands allowed.
Let the applicant- Havaldar involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with 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 :- 30.9.2021 Vikas