Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24792 of 2021 Applicant :- Raju Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Mukesh Kumar Pandey,Vibhav Prakash Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant, Sri Pankaj Mishra, learned brief holder for the State and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Raju Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 238 of 2020, under Sections 302, 34 I.P.C. registered at P.S. Tarya Sujan, District Kushinagar.
Learned counsel for the applicant argued that although the applicant along with co-accused Sonu has been named in the first information report along with two other unknown persons and all the said four persons have been assigned the role of firing upon the deceased but as per the postmortem report, the deceased has received one gun shot wound entry and even from the wound, one bullet has been recovered. It is argued that the first informant in his statement under Section 161 Cr.P.C. stated about the same as that of in the first information report. Learned counsel further argues that there is no specification of the role of the accused persons. As per the prosecution case, four accused persons have assaulted upon the deceased with their respective weapons but he has received only one gun shot wound of entry. It is further argued that the motive in the present case is shown to be the murder of brother of the first informant in the year 2018 but the applicant was not an accused in the said murder. It is argued that the applicant has not been assigned any specific role of firing upon the deceased and further there is no recovery of any incriminating material either from his possession or pointing out. It is argued that on 6.7.2020 Sonu Pandey, Yashwant and Sheshnath Singh were arrested and on the pointing out of co-accused Sonu Pandey, a country made pistol has been recovered. It is argued that the applicant has no criminal history as stated in paragraph 19 of the affidavit and is in jail since 26.6.2020.
Per contra, learned AGA opposed the prayer for bail and argued that there is a witness Umesh Pandey who has also stated about the applicant along with Sonu Pandey and two unknown persons firing upon the deceased but did not dispute the fact that there is no specification of the roles and the deceased has received a single gun shot. Even no specific role has been assigned to the applicant and there is no recovery of any incriminating material.
After having heard learned counsel for the parties and perusing the record, it is apparent that although the applicant is named in the first information report along with one named and two unknown persons and the role of firing has been assigned to all the four accused persons but the deceased has received only one gun shot wound. There is no specification of the role of the accused persons.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
Let the applicant- Raju Yadav, 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C.
(V) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229- A IPC.
(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The bail application is allowed.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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.
(Samit Gopal,J.) Order Date :- 29.7.2021 nd