Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, Manish Yadav @ Lala, who is involved in Case Crime No.314 of 2019, under Section 302 IPC, Police Station-Chandawak, District-Jaunpur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 14.12.2019 informant Shashikant Yadav has lodged the F.I.R. against four co-accused persons, namely Jimmedar, Rohit, Mohit and Manish (the applicant) alleging inter alia that on 14.12.2019 he got an information that his maternal grandmother (nani) has been murdered by any heavy thing. On receiving the said information when he reached there, he saw that she was lying on the cot and had received injuries on her face and head. It is further alleged that he believes that his maternal grandmother has been murdered by the aforesaid accused persons. The main substratum of argument of learned counsel for the applicant is that the applicant has falsely been implicated in this case on the ground of suspicion. In fact, there is no eye witness of the said incident. It is pointed out that during investigation the complicity of the applicant further came into light in the statement of Shiv Badan and Brahmdeo as a last seen evidence. It is further pointed out that Shiv Badan and Brahmdeo have also not seen the occurrence and after investigation charge sheet has been submitted in this case only against the applicant without any credible and corroborative evidence. It is next submitted that other co-accused persons who were named in the F.I.R. have not been charge sheeted. There is no direct evidence against the applicant. The applicant has no criminal history and he is in jail since 14.12.20219.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Manish Yadav @ Lala 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 shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.
(ii) 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.
(iii) 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. is issued and the 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 of the Indian Penal Code.
(iv) 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 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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 12.2.2021 Sunil Kr. Gupta