Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4008 of 2019 Applicant :- Panne Lal Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Imran Mabood Khan,Sugendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 29.1.2019.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged on 6.5.2018 against Lal Sahab Yadav and one unknown person alleging that on 5.5.2018 they assaulted Dhananjay Sahani due to illicit relations between wife of Lal Sahab and deceased. Cause of death was found drowning. During investigation on the statement of Lal Saheb Yadav, names of seven persons Ram Saran, Sunaina, Panne Lal, Ratan Yadav, Aman Yadav, Jokhan Yadav and Munni Lal(uncle of Sunaina) were surfaced alleging that they were also indulged in the crime.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 19.12.2018(more than one month) having no criminal history. He has been falsely implicated. He was not named in the FIR. Co-accused Munni Lal Yadav has already been granted bail by coordinate Bench of this Court vide order dated 9.1.2019 passed in Criminal Misc. Bail Application No.1151 of 2019 (Bail order produced during argument is taken on record), applicant's case is identical to him and he is entitled to bail on the ground of parity. Motive was against Lal Sahab Yadav only due to illicit relations between deceased and wife of Lal Sahab Yadav. No injury was found on the body of deceased and cause of death was found drowning. There is neither any eye-witness account nor any independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to aforesaid co-accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence 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 applicant Panne Lal Yadav involved in Case Crime No.82 of 2018, under Section 302, 201 IPC, Police Station Madanpur, District Deoria be released on bail on furnishing a personal bond and two 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.
4. 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.
5. 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 court below shall be at liberty to cancel the bail.
Order Date :- 29.1.2019 P.P.