Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23582 of 2021 Applicant :- Satya Prakash Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Prakash Pandey,Sheetala Prasad Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, applicant-Satya Prakash Yadav, who is involved in Case Crime No. 55 of 2021, under sections 302, 201, 120-B/34 IPC, police station Ghanghata, district Sant Kabir Nagar, seeks enlargement on bail during the pendency of trial.
As per prosecution case, in brief, Pradeep Kumar, informant, who is the village pradhan, has lodged first information report dated 04.02.2021 alleging inter alia that on 04.02.2021 at about 3.00 p.m. one unidentified dead body of a woman, aged about 23 years, has been found in a burnt condition near the village. During investigation, in the confessional statement of accused persons, it has also came into light that she was done to death by her father and brother in collusion with other co-accused persons as she was having love affair with a Muslim boy.
It is argued by learned counsel for the applicant that the applicant is not named in the FIR. It is a case of honour killing. On 14.02.2021, police has apprehended four persons, namely, Kailash Yadav, Ajit Yadav, who are father and brother of the deceased and Satya Prakash Yadav (applicant), who is son-in- law of co-accused Kailash Yadav and Sitaram Yadav, who is friend of the applicant. Thereafter, their false confessional statement have been recorded showing that they have confessed their involvement in the commission of offence and also disclosed the modus operandi adopted by them in committing murder of the deceased. It is further submitted by the learned counsel for the applicant that there is no eye-witness of the incident, even the dead body of the deceased was not identified, but on the basis of alleged confessional statement of applicant and other co-accused persons, it has been presumed that the said unidentified dead body was of the deceased of this case. It is also submitted by the learned counsel for the applicant that even the statement of Muslim boy, namely, Javed with whom it is alleged that the deceased was having love affair, has not been recorded. Nothing has been recovered on the pointing out of the applicant. It is also urged by the learned counsel for the applicant that except the confessional statement of the accused- persons, no other corroborative material has been collected by the Investigating Officer. So far as the motive is concerned, the same is also against co-accused Kailash Yadav and Ajit Yadav and the case of the present applicant is distinguishable from the case of aforesaid accused persons. It is next submitted by the learned counsel for the applicant that co-accused Sitaram Yadav has been granted bail by co-ordinate Bench of this Court vide order dated 14.09.2021 passed in Criminal Misc. Bail Application No. 26810 of 2021. It is also submitted that the applicant has no criminal antecedent to his credit and is facing detention since 14.02.2021. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, considering the fact that the applicant is not named in the FIR. Except the confessional statements of the applicant and other co-accused persons, there is no corroborative material, has been collected by the Investigating Officer. There is no recovery of any incriminating article from the possession of the applicant, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Satya Prakash 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:-
(1) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(2) That 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.
(3) That after his release, the applicant shall not involve in any criminal activity.
(4) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(6) 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.
In case of breach of any of the above conditions, the court concerned will be at liberty to cancel the bail and send the applicant to prison. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.9.2021 Sazia Digitally signed by SANJAY KUMAR SINGH Date: 2021.09.27 17:34:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad