Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14935 of 2015 Applicant :- Lallu Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Hemant Kumar,Kamal Krishna Counsel for Opposite Party :- Govt. Advocate,Ashutosh Pandey
Hon'ble Rajul Bhargava,J.
Heard Sri Kamal Krishna, learned Senior Advocate, Sri Hemant Kumar, learned counsel for the applicant, Sri Pankaj Sharma holding brief of Sri Ashutosh Pandey, learned counsel for the informant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Lallu Yadav in Case Crime No. 119 of 2006, under Sections 302, 307, 452, 504, 506 I.P.C., Police Station- Tharwai, District- Allahabad with the prayer to enlarge him on bail.
This is second bail application on behalf of the applicant. The first bail was rejected by Hon'ble Bala Krishna Narayana,J. by an order dated 11.9.2014. Learned counsel for the applicant has submitted that the bail of the applicant is being argued on the ground of long detention of the applicant since 23.10.2006. It is argued that in fact the lower court record and the statement of the witnesses are missing and the record has not been reconstructed despite several directions issued by the Court on the applications moved on behalf of applicant and other co-accused for reconstruction as well as the first informant.
The short submission of the learned counsel for the applicant is that the applicant is in jail for more than 13 years and one month and there is no early prospect of conclusion of trial as the records have still not been reconstructed as evident from the certified copy of the order-sheet. He further submits that co-accused Ram Bahadur who was also named in the first information report and role of causing injury to three deceased was attributed to him has been granted bail by a coordinate Bench of this Court vide an order dated 15.2.2019 passed in Criminal Misc. Bail Application No.49575 of 2018. The said order is a detailed one in which the Court had also considered that co-accused Ram Bahadur was in jail for more than 12 years. Therefore, the case of the appellant also stands better footing with that of co-accused Ram Bahadur who is in jail for more than 13 years and there is no likelihood of early conclusion of the trial. Thus, the applicant deserves to be enlarged on bail.
Learned A.G.A. as well as learned counsel for the informant have strongly opposed the prayer for bail and submitted that it is case of triple murder and the applicant is one of the main accused and therefore, solely on the ground of long detention he may not be enlarged on bail, however, they could not dispute that co-accused Ram Bahadur has been enlarged on bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the applicant has suffered incarceration for 13 years and more as an under-trial, the fact that there are issues of reconstruction of record involved, where it cannot be predictably said that there is a precise calendar within which the trial can be surely concluded, but without expressing any opinion on merits, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Lallu Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 25.2.2019 Vikas