Hon'ble Subhash Chandra Sharma,J.
Order on Criminal Misc. Bail Application No. 1 of 2018.
Heard Sri Gopal Swarup Chaturvedi, learned Senior Counsel Assisted by Sri Awadh Bihari Pandey, learned counsel for the appellant No.3 Mahendra Sigh Yadav, Sri Manoj Kumar Rajvanshi, learned counsel for complainant, learned A.G.A. for the State and perused the record.
Learned counsel for the appellant/applicant submits that the appellant No.3Mahendra Singh Yadav is languishing in jail since 19.9.2014. The F.I.R of the alleged incident was lodged against five persons including the appellant No.3 making general allegation. In the F.I.R no weapon has been shown in the hand of appellant. P.W-2 Dilip and PW-3 Dipu are said to be eye witnesses of the alleged occurrence. In their statements they have made general allegation against the appellant and other co-accused. It has further been submitted that the appellant has not committed the murder of the deceased. The real fact is that the deceased died in a road accident. It has further been submitted that co-accused Manish Kumar alias Chhote and Dhanpal Singh having identical role, have already been granted bail by another Bench of this Court vide order dated 22.11.2018 and the matter was listed for consideration of prayer for bail of appellant after one year. After granting bail to the co-accused, more than two years have been passed. It has further been submitted that against the order dated 22.11.2018 S.L.P was filed from the side of complainant which has been rejected by Hon'ble Apex Court vide order dated 11.1.2019. It has further been submitted that the criminal history of appellant No.3 has been explained in para 5 of the supplementary affidavit and the appellant has not been convicted till date in other case. He has falsely been implicated in this case due to enmity. Appellant No.3 is languishing in jail since 19.9.2014 and the appeal is likely to take some time for final disposal, therefore, appellant is entitled for bail.
On the other hand, learned A.G.A and learned counsel for complainant opposed the prayer for bail of the appellant and argued that the appellant No.3 Mahendra Singh Yadav is in police department and has criminal history but has not disputed the fact that co-accused Manish Kumar alias Chhote and Dhanpal Singh having identical role have already been enlarged on bail.
Considering the facts and circumstances of the case in particular the nature of evidence adduced by the parties; without expressing any opinion on merit of the case, we are of the opinion that the appellant is entitled for bail.
Let appellant/applicant-Mahendra Singh Yadav convicted and sentenced in Sessions Trial Nos.02 of 2015 ( State Vs. Dhanpal Singh and others) arising out of Case Crime No.02 of 2014, under Sections 147, 148 and 302 read with Section 149 I.P.C, P.S. Dibiyapur, District Auraiya be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
On acceptance of bail and personal bonds, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
List the appeal for final hearing in itsturn.
In the meanwhile, Registry to prepare paper book within 45 days.
The party shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, self attested by representative/counsel of the appellant (s) along with a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked.
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 :- 12.1.2021 G.S