Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7666 of 2018 Applicant :- Piyush Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramesh Chandra Yadav,Ravi Kant Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Vakalatnama has been filed by Sri Sikandar B. Kochar, learned counsel for the complainant and the same is taken on record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 407 of 2017 under Sections 147, 148, 149, 336, 504, 506, 323, 307 and 302/34 I.P.C., P.S. Civil Line, District Etawah.
As per F.I.R., the prosecution case is that an amount of Rs. 50,000/- was due upon the accused, Piyush Yadav of the brother of the first informant which was demanded by him several times. On the fateful day, he was called by the present accused giving him impression that he would pay back the said money and then this occurrence took place in which at the exhortation of the present accused his companions had beaten him badly with hockey, iron-rod, danda, bricks etc. and the deceased succumbed to the said injuries.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; three co-accused i.e. Deepu @ Dipanshu, Manish @ Kallu and Aman Verma @ Kariya have been granted bail by coordinate Bench because there was no specific role assigned to them in commission of this offence; further in post-mortem, there were 11 injuries found on the person of the deceased but in the medical examination report, there were 4 injuries found so there was huge discrepancy in the number of injuries also; accused has no criminal history; the accused applicant is in jail since 20.08.2017; if he is released on bail, he will not misuse the liberty of bail.
On the other hand, learned counsel for the complainant has argued that he is the main accused because he had motive to kill the deceased as Rs. 50,000/- was due upon him. Hockey has been recovered at his pointing out which was used by him in hitting the deceased. In subsequent statement of the injured, Tanzeem, it has been clearly stated that present accused had hockey in his hand by which he had assaulted the deceased.
In view of the above arguments that co-accused have been granted bail and there is huge discrepancy in the number of injuries found upon the person of the deceased as mentioned in the medical report and the post-mortem report, it cannot be deduced that the injuries caused by the hockey was the only fatal injury which resulted in death of the deceased, looking to the quantum of the punishment, nature of the offence and the period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Piyush Yadav involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
The lower court is directed to decide the case expeditiously, if possible, within six months.
Order Date :- 28.2.2018 A. Mandhani