Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41511 of 2018 Applicant :- Netrapal Singh Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Nazrul Islam Jafri,Daya Shanker Pandey,Gufran Ahmad Khan,Mohammad Abid Ali Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Daya Shanker Pandey, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has no concern with the present matter. He has not committed the present offence.Submission of learned counsel for the applicant is that although trial has started and one prosecution witness has been examined yet trial is still pending. It is also argued that in this matter first information report was lodged by the applicant himself naming the accused persons for committing the present offence. During investigation the Investigating Officer on the basis of statement of the witness Jitendra Yadav implicated the present applicant in this matter. It is also argued that Jitendra Yadav has been examined as P.W.1 before the trial court but he did not support the prosecution case. There is no other evidence to connect the applicant with this matter. Entire prosecution case is based on suspicion. It is further contended that the applicant has no criminal history and he is languishing in jail since 21.03.2018. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail and argued that the Investigating Officer on the basis of evidence collected during investigation found the applicant for committing the present offence. Death of the deceased is in the house of the applicant. Ante mortem injuries were also found on the body of deceased. Thus burden lies upon the applicant to explain as to why and under what circumstances deceased died. A prima faice case is made out against the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Netrapal Singh Yadav involved in Case Crime No.206 of 2017, under Sections 302, 201 and 194 I.P.C., P.S. Hazratpur, District Budaun be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. 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 :- 25.10.2021 Asha