Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26433 of 2020 Applicant :- Kamlesh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Yadav,Atmaram Nadiwal,Awadhesh Kumar Yadav,Pawan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard Sri Pawan Kumar, learned counsel for the applicant, learned AGA for the State and perused the record.
By means of this application, the accused-applicant, Kamlesh Yadav who is said to be involved in Case Crime No. 28 of 2019, under Section 304 IPC, Police Station-Bargadawan, District-Maharajganj is seeking enlargement on bail.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 17.3.2020; he is of no criminal antecedent and there is no likelihood of the applicant fleeing from course of justice or tampering with evidence in case of release on bail. It is a case of circumstantial evidence; the last seen theory is said to be of 15.3.2019, whereas the case was registered on 18.3.2019; informant reported that deceased had apprised about assault made by three named accused-persons whereas in inquest proceeding as well as autopsy report, there was no ante mortem injury; cause of death could not be ascertained and viscera was preserved. In laboratory report, presence of dichlorvos (D.D.V.P.) insecticide and ethayle alcohol was found, hence the cause of death was due to spurious liquor. There is no evidence of liquour being given forcibly by applicant. It is a false implication, hence, bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the aforesaid factual aspect and that applicant has no criminal antecedent.
Having heard and gone through materials placed on record and considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction, without commenting on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant-Kamlesh Yadav involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.8.2021 Tamang