Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13848 of 2021 Applicant :- Vinod @ Vijay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Counsel for Opposite Party :- G.A.,Chandra Prakash Misra
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 0602 of 2020, under Section 302 IPC, Police Station - Chaurichaura, District - Gorakhpur with the prayer to enlarge the applicant on bail.
The First Information Report of this incident was lodged on 19.08.2020 against present applicant Vinod @ Vijay Yadav and two other accused persons. In the report it was mentioned by complainant, Ajad Yadav, that the present applicant had committed the murder of Smt. Badami Devi by chopping off her throat with a baaka (a weapon to cut sugarcane crop) on the exhortation of co-accused Manoj Yadav. It is mentioned in the complaint that on the date of the incident at about 07:30 P.M. Smt. Badami Devi had gone to invite the ladies from the house of Subhash Yadav to eat Doodh Ka Bhaat of her husband Ram Sipahi Yadav and she was done to death brutally by the present accused. The FIR also mentions that her murder was done in greed of property.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is submitted by the learned counsel for applicant that there was no eye witness about the alleged murder of Smt. Badami Devi and the present applicant has been roped in only on the basis of suspicion and there is no cogent evidence against the present applicant to connect with the alleged offence of murdering his elder mother (badi maan). It is also submitted that there was a rumour going on in the village that the complainant side had murdered the deceased and not the accused side. Lastly, it is argued that the applicant is in jail since 22.8.2020 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned counsel appearing for the complainant, Shri Chandra Prakash Misra as well as the learned A.G.A. has vehemently opposed the prayer for bail. It is submitted by the learned counsel on behalf of the complainant that the present accused and complainant side are cousin brothers. Earlier, the husband of the deceased namely Ram Sipahi Yadav had executed a Will in favour of the present applicant Vinod @ Vijay Yadav and later on, he executed a second Will in favour of her wife i.e. Smt. Badami Devi and being annoyed with this act of her husband, the murder of Smt. Badami Devi (deceased) was committed by the present applicant for grabbing the property. The learned AGA submits that there is no question of false implication of the applicant. Both the accused side and complainant side are cousin brother and there is no plausible explanation as to why a near and very close family member will be falsely implicated in such a heinous crime of murder. Learned counsel for complainant also submits that the incident of murder was witnessed by Subhash Yadav and Swarswati Devi.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering the evidence on record showing the involvement of the present accused in commission of the murder of Smt. Badami Devi and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, no case for bail is made made out and the bail application is liable to be rejected.
The bail application is rejected.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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.
Order Date :- 27.10.2021 LBY