Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15541 of 2021 Applicant :- Shyama Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Dilendra Pratap Singh,Sugendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Shyama Yadav in connection with Case Crime No. 361 of 2020, under Sections 147,148,323,504,325,307 I.P.C., Police Station Barhalganj, District Gorakhpur.
Heard Mr. Sugendra Kumar Yadav, learned counsel for the applicant and learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that relating to the same incident dated 11.07.2020 there are cross versions. The complainant has lodged an FIR giving rise to Case Crime No. 361 of 2020, under Sections 147,148,323,504 I.P.C., Police Station Barhalganj, District Gorakhpur whereas the applicant's side have lodged an FIR relating to the same occurrence giving rise to Crime No. 779 of 2020, under Sections 323, 325 I.P.C., Police Station Barhalganj, District Gorakhpur. It is pointed out that on the applicant's side Shantanu Yadav has sustained an incised wound besides a reddish abrasion, all located on the limbs, whereas on the complainant side three persons have sustained injuries two of which are fractures to their limbs. The third man injured on the complainant side who had sustained a head injury did not suffer any grievous injury as the C.T. Scan of the concerned injured, that is to say, Yogendra Yadav has reported a normal scan. It is argued that at this stage, it is difficult to say as to which side were the aggressors. It is also argued that the injuries sustained on the complainant side by all the three may be grievous in case of the two injured but none of them are life threatening so as to make out a case under Section 307 of the Penal Code. It is stated in paragraph no. 25 of the affidavit that the applicant has no criminal history and is in jail since 09.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that there are cross versions and it is difficult to say which side are the aggressors, the fact that all the injuries sustained by the victims prima facie are not life threatening and the fact that the applicant has no criminal history, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Shyama Yadav involved in Case Crime No. 361 of 2020, under Sections 147,148,323,504,325,307 I.P.C., Police Station Barhalganj, District Gorakhpur be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the 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 default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
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. It is further clarified that 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 :- 7.4.2021 Brijesh Maurya