Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10799 of 2021 Applicant :- Lalu Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A., Banshi Lal
Hon'ble Ajit Singh,J.
Let the counter affidavit filed today in Court be taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in ST No. 13 of 2021, Case Crime No. 183 of 2020 under Sections 364, 302, 201, 34 IPC, Police Station - Maharajganj, District - Azamgarh with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged by the complainant that his son Dev Nath Nishad aged about 22 years at about 4:00 P.M. on 4.9.2020 had gone to the house of his Buwan (sister of the complainant) by motorcycle. But he did not reach there. Thereafter, the complainant got information that a motorcycle was standing near Tapeshwari Devi Inter College. It is also alleged in the FIR that the complainant came to know that his son had gone to meet Princee Yadav, who was staying at the house of Chaudhari Yadav at Bariyarpur, the daughter of Shanker Yadav. It was also mentioned in the FIR that the named accused with their companions had vanished the complainant's son as well as Princee Yadav and the dead body of the complainant's son was found at village Bariyarpur in a Bandha.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted that the present accused was not nominated in the FIR and his name has surfaced during the investigation through the confessional statement of co-accused Shanker @ Rama Shanker Yadav after about 15 days of the incident and again the name of the present accused has surfaced in the statement of Sunil Yadav after about three months of the incident, which is evident from page No. 55 of the paper book. It is also argued that nothing incriminating has been found from the possession of the present accused which could connected the present accused with the commission of the crime. It is also submitted that applicant was having no motive to kill the deceased. Lastly, it is argued that the applicant is in jail since 12.11.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. Shri Banshi Lal, the learned counsel appearing on behalf of the complainant, also opposes the bail application.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. The prayer for bail is granted. The application is allowed.
Let applicant Lalu involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 28.7.2021 LBY