Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41203 of 2021 Applicant :- Shankar @ Sant @ Pramod Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Arvind Kumar Singh,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
Heard Sri Arvind Kumar Singh, learned counsel for the applicant, Sri Satish Kumar Singh, learned A.G.A. 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- Shankar @ Sant @ Pramod Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 242 of 2021, under Section 306 I.P.C., registered at Police Station Rath, District Hamirpur.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is argued that the allegation in the first information report is that Sushil Sony, the husband of the first informant committed suicide as he was terrorized by the accused persons, who are three in number being the applicant, Smt. Kuli devi and Brijnandan Yadav because of a reason that there was a dispute with them and they had also beaten him earlier. They are living in front of the house of the first informant. It is argued that even the factum of suicide is suggestive from the post mortem examination report wherein the deceased has received a single ligature mark on his body and cause of death has been opined asphyxia as a result of hanging. It is further argued that there is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased. It is argued that the deceased has also left a suicide note which is although disputed but even therein the applicant is not named. The applicant has no motive at all to commit the aforesaid offence. The applicant has no criminal history as is stated in para 20 of the affidavit and is languishing in jail since 30.05.2021.
Per contra learned A.G.A. for the State opposed the prayer for bail and argued that the applicant is named and because of his conduct, terror and assault the deceased committed suicide being terrorized by him and other accused persons. It is further argued that looking to the facts and the suicide note, the bail prayer of the applicant be rejected.
After heard learned counsel for the parties and perused the record it is evident that the deceased has not received any bodily injury on his person except one ligature mark, cause of death is asphyxia as a result of hanging and the applicant was not named in the suicide note. There is no abetment and instigation of any kind by the applicant which has any nexus with the death of the deceased, the applicant has no mens-rea at all, there is no overt act whatsoever of the applicant, which resulted in the death of the deceased.
Let the applicant- Shankar @ Sant @ Pramod 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.
(Samit Gopal, J.) Order Date :- 17.12.2021 Abhishek Singh