Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50763 of 2019 Applicant :- Kanhaiya Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Girish Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 150 of 2019, under Sections 34, 302, 506 and 120B I.P.C., P.S. Kasya, district-Kushinagar, is seeking enlargement on bail during the trial.
The first information report of the incident was lodged by the complainant Ramu Yadav against five persons namely, Sonu, Rakesh Singh, Sagar, Kamalavati and the present accused Kanhaiya Yadav, alleging therein that co-accused Sonu was having relations with Dimple Yadav, daughter of Ravindra Yadav. The deceased Guddi Yadav daughter of Jai Prakash Yadav was residing with her aunt Kamalavati Devi in her residence at Sameri Dhoosi. Sonu was also trying to develop relations with Guddi Yadav. It was also mentioned in the FIR that son of complainant Manvendra Yadav was having love affairs with Guddi Yadav due to which Sonu has threatened the son of the complainant several times that he forget Guddi Yadav otherwise he will loss his life. Co-accused Rakesh Singh and the present accused Kanhaiya were associates of Sonu and they had also threatened the son of the complainant Manvendra Yadav. It was also mentioned in the FIR that on 27.2.2019 at about 10.30 p.m. when Guddi Yadav was going in front of the house of Sonu, youger son of the complainant Deepak Yadav heard that all the accused persons were saying that they had killed him along with Guddi.
The incident is alleged to have taken in the intervening night of 27/28.2.2019 and the report of the incident was lodged on 9.3.2019 at about 4:42 p.m. Initially an information was given by the complainant to the police, mentioning therein that his son Manvendra Yadav and Guddi Yadav have committed suicide and on the basis of the said information inquest proceedings were initiated. Thereafter postmortem of the dead body of the deceased was conducted and the postmortem report indicates that the deceased have died due to asphyxia as result of antemortem injury (Strangulation) and after postmortem of both the deceased the present FIR was lodged.
Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He next submitted that deceased Guddi Yadav was maternal sister of the applicant and there was no occasion to the applicant to commit the murder, while the dead body of the deceased was found lying in the 'Dera' of the complainant. Further submission is that the complainant side in order to save themselves has falsely implicated the present accused, his brother, mother and others. He also submitted that the last seen evidence given by Deepak and Baitulla Ansari against the applicant does not appear to be very credible and also does not inspire any confidence in view of delay of more than a month in their coming forward for getting their statements recorded. There is no explanation as to why they had kept quite for more than a month when they had seen the applicant and the other accused and why they have recorded their statements so late. He lastly submitted that the applicant, who is in jail since 11.3.2019 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Kanhaiya Yadav be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 18.12.2019 Faridul