Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30821 of 2021 Applicant :- Ranvijay Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Swati Agrawal Srivastava,Mohit Kumar Srivastava Counsel for Opposite Party :- G.A.,Subhash Chandra Yadav
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. The first information report was lodged against nine accused persons including the applicant and that only general and omnibus role has been assigned to all the accused persons alleging that due to election related enmity they have assaulted the first informant, deceased Anil Yadav and Jogender. No specific role has been assigned to applicant in the first information report. Learned counsel has referred the statements of witnesses, recorded under Section 161 Cr.P.C., and submitted that statement of alleged eye-witness Virendra Yadav has been recorded after 15 days of incident and that he assigned the role of exhortation to applicant. Similar is the statement of wife of deceased but her statement was recorded after about one and a half month of incident. No recovery of any weapon has been shown from the applicant. It was submitted that similarly placed co-accused, namely, Amit Yadav, Chandelal Yadav, Lal Bahadur Yadav, Indal Yadav have already been granted bail by this Court as well as by co- ordinate Bench of this Court vide order dated 09.09.2021, 05.10.2021, 18.10.2021, 18.10.2021, passed in Criminal Misc.
Bail Application No. 32944 of 2021, 28665 of 2021, 30617 of 2021 and 29260 of 2021, copies of which have been brought on record. Lastly, it was submitted that the applicant is languishing in jail since 30.03.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. The criminal history of four cases was shown against the applicant but in one of the case has already been expunged and in one case he has already been acquitted and that in remaining two cases the applicant is on bail. It was stated that these cases pertains to the year 2011 and 2013 and that criminal history of applicant has duly been explained. It was submitted that applicant was falsely implicated in this case as he was Ex- Pradhan.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that applicant is named in the first information report. Learned counsel for the first informant has submitted that in fact motive of incident was on the part of applicant. The applicant was contesting election against the deceased and that deceased was done to death due to that reason. However, it has not been disputed that role in causing injuries to deceased and injured persons of all the accused persons is similar.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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 Ranvijay Yadav involved in Case Crime No. 69 of 2021, under Sections 147, 323, 34, 504, 302 IPC and 7 Criminal Law Amendment Act, 2013, P.S. Bardah, District Azamgarh, be released on bail on furnishing each 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 shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall 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 them 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 condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 29.10.2021 A. Tripathi