Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11775 of 2021 Applicant :- Kamlesh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Pavan Kishore,Mahendra Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Pavan Kishore, learned counsel for the applicant and Sri Roopak Chaubey, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 267 of 2020 under Sections 147, 148, 149, 302, 323, 504, 506 I.P.C., Police Station Mehdawal, District Sant Kabir Nagar, during the pendency of trial.
Submission made by the learned counsel for the applicant is that as per F.I.R. lodged by Pooja Yadav, who is sister of the deceased, on 15.9.2020 at about 6:00 Pm, when her father Ram Yadav and Rakesh Yadav (deceased) and Ramkesh Sharma were returning home, accused side assaulted them when they reached near petrol pump due to old enmity in which the deceased Rakesh yadav received serious injuries pursuant to which he died and the Ram Yadav and Ramkesh Sharma had also received injuries. Attention is drawn to the statement of Ramkesh Sharma who has assigned common role of assaulting the deceased and he himself, to all the accused who are six in number and it is argued that in post-mortem report three injuries are found to have been sustained by the deceased which consist two lacerated wounds on left leg and one injury on head which proved to be fatal, therefore, it is argued that deceased died because of head injury. It is further argued that who was the author of the said fatal injury is not ascertainable. It is next argued that co-accused Smt. Amrawati @ Ishrawati and Baburam Yadav have already been granted bail by the co- ordinate Bench of this Court in Crl. Misc. Bail Application No. 46281 of 2020 and 49489 of 2020, bail orders are annexed from 56 to 59 of the paper book. Bail order of co-accused Chandrakesh Yadav is provided and the same is taken on record. Applicant has criminal history of one case being crime no. 138 of 2020, under Section 325, 323, 427, 506 IPC, P.S. Mehdawal, District Sant Kabir Nagar. The applicant is languishing in jail since 19.9.2020. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact that the crime no. 138 of 2020 appears to be of injuries of simple nature, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Kamlesh Yadav involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 8.4.2021 A.P. Pandey