Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26307 of 2021 Applicant :- Karan Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.,Yogendra Singh
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. It was submitted that initially an application was submitted by son of deceased on 19.2.2021 stating that on 19.2.2021 at 5:00 PM, his father has died and to ascertain the cause of death, his post mortem be conducted. Thereafter, inquest proceedings were conducted and in inquest proceeding, no injury was shown on the body of deceased and thereafter, post mortem of deceased was conducted on 20.2.2021 and that in post mortem one ante mortem injury was shown on the body of deceased and cause of death was stated asphyxia due to ante mortem lung injury.
Learned counsel for the applicant submitted that after four days of incident, first information report of this case was lodged, against five accused persons including the applicant, making allegations that all the accused persons have trespassed to the house of deceased and they have assaulted the deceased and also caused injuries to one Priti and Sonu, who are daughter and son of deceased. It was further submitted that only general allegations of assault on deceased have been levelled against all five accused persons including applicant. No specific role has been attributed to applicant and there is no such specific evidence as to who is author of injury sustained by deceased. It has been submitted that applicant has no motive at all to cause death of the deceased and no specific weapon has been attributed to applicant. It has further been submitted that now the applicant is languishing in jail since 24.2.2021 having no criminal history and that in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is not named in first information report. Learned counsel for the first informant has referred the post mortem report of deceased and submitted that there was clotted blood about 500 ml. in lungs and that there was one contusion of 8 cm x 3.5 cm size on (Rt) chest and that fourth and fifth rib of deceased was found fractured. It was also submitted that before this case, a false first information report was lodged by daughter of co-accused Ram Kesh Yadav against son of informant and others on 19.2.2021 under Sections 354, 504 IPC and that applicant is family member of said Ram Kesh Yadav and thus, accused have motive to cause death of deceased. It was submitted that police deliberately did not register the case of first informant for four days in connivance with accused persons.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Karan Yadav involved in Case Crime No. 39 of 2021, under Sections 147, 148, 304, 452, 427, 504, 506, 323 IPC, P.S. Bisanda, District Banda, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.9.2021 Ravi Prakash