Heard learned counsel for the accused-applicant and learned A.G.A. for the State-respondents.
This bail application has been filed by the accused-applicants Luvkush Yadav and Sahajram, who are involved in Case Crime No.121/2020, under sections 147, 148, 149, 323, 307, 354, 504, 506, 394, 452 and 302 IPC, Police Station, Madiyawan District Lucknow.
It is submitted by learned counsel for the applicants that the applicants have falsely been implicated in this case. The applicants and complainant party belong to the same village. There is no previous enmity. The genesis of occurrence started by a quarrel between children of both the sides. It is further submitted that the incident was neither pre-planned nor pre-meditated but was a result of grave and sudden provocation. There is contradiction in FIR and the report of investigating officer regarding arrest of applicants. The position could not be cleared despite order of the Court dated 24.6.2020. It is also submitted that the deceased has died due to fire arm injury and the witnesses namely Vinay Singh, Avnish and Harshit Singh have stated that the fire was opened by the co-accused Pratap Singh which became fatal for the life of deceased and the fire arm was recovered on the pointing out of co-accused Pratap Singh also. A cross case has also been lodged against informant side by the wife of co-accused Sahajram through application under Section 156(3) Cr.P.C. Charge sheet has been filed. The applicants have no criminal antecedents to their credit. It is next submitted that co-accused Barsati Yadav has already been granted bail by this Court vide order dated 11.11.2020 passed in Bail No. 5320 of 2020. Lastly, it is submitted that in case applicants are released on bail, they will not misuse the liberty of bail and will co-operate in the trial. The applicants are in jail since 8.2.2020 and the trial may take sometime for its final disposal, therefore, the applicants be released on bail.
Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicants.
In view of argument advanced by learned counsel for the parties, facts and circumstances of the case, nature of supporting evidence, parity, reasonable apprehension of tampering the witnesses and prima facie satisfaction of the court in support of the charges, without expressing any opinion on the merit of the case, the applicant is entitled to be released on bail.
Let the accused/applicant Vipin @ Singham Yadav involved in Case Crime No. 121/2020, under sections 147, 148, 149, 323, 307, 354, 504, 506, 394, 452 and 302 IPC, Police Station, Madiyawan District Lucknow, be released on bail subject to the following conditions.
(i). The applicant will furnish a personal bond with two sureties each of like amount to the satisfaction of the court concerned.
(ii). The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter- 33 of Cr.P.C.-
(a) applicants shall attend the court in accordance with the conditions of the bond executed under this Chapter.
(b) applicants will not indulge in any criminal activities, and
(c) 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.
(iii). The applicant shall cooperate with investigation /trial.
(iv). The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates 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.
(v). The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(vi). In case, the applicants misuse the liberty of bail during trial in order to secure their presence proclamation under section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(vii). The applicant shall remain present, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicants 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 them in accordance with law.
(Alok Mathur, J.) Order Date :- 26.8.2021 Ravi/