Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14969 of 2021 Applicant :- Kuldeep Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant and Sri Ankit Srivastava, learned brief holder for the State and perused the material on record.
Learned counsel for the applicant states that he does not intend to file any rejoinder affidavit to the counter affidavit filed on behalf of the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Kuldeep Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 1002 of 2020, under Section 302 I.P.C., registered at Police Station Kotwali Auraiya, District Auraiya.
Learned counsel for the applicant argued that although the applicant is named in the first information report along with two other co-accused persons but his naming is on the basis of suspicion only. It is argued that there is no credible evidence to connect the applicant in the present case. It is argued that as per the postmortem examination report, the deceased has received a single gun shot injury which is the cause of death. It is argued that the first informant subsequently, gave an application to the police stating therein that although he has named Lalta Nishad as one of the accused but his naming is incorrect and on the said basis, Lalta Nishad was exonerated from the array of accused. There is recovery of a country-made pistol and a cartridge from the possession of the applicant but there is no corroboration of the use of the said weapon till date. A separate case crime number, has been registered for the said recovery. It has also been pointed out that the applicant is not having any criminal history as stated in para 21 of the affidavit and he is in jail since 30.12.2020.
Per contra, learned A.G.A. opposed the prayer for bail and argued that the applicant is named in the first information report and there is recovery of a country-made pistol and a cartridge from his possession.
After having heard the learned counsel for the parties and perusing the record, it is apparent that the name of the applicant in the first information report is mentioned on the basis of suspicion only. The first information report has been registered against three accused persons out of which the first informant, himself gave an application to the police that the name of Lalta Nishad is incorrect and hence, he was exonerated. There is no eye-witness to the murder.
Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Kuldeep Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 13.8.2021 AS Rathore (Samit Gopal,J.)