Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38415 of 2018 Applicant :- Yogendra Urf Pappu Opposite Party :- State Of U.P.
Counsel for Applicant :- Lav Srivastava,Krishna Kant Vishwakarma,Shri V.P Srivastava Senoir Advocate Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
Sri Shailesh Kumar, Advocate has put in appearance on behalf of the complainant, the same is taken on record.
This is an application for bail on behalf of the applicant Yogendra Urf Pappu, who is in jail since 11.04.2018 in connection with Case Crime No. 38 of 2018, under Sections 147,149,307,302,504,506 IPC, P.S. Saraykhawaja, District Jaunpur.
Heard Sri Zaid Ashrad, Advocate holding brief of Sri Lav Sriavastava, learned counsel for the applicant, Sri Shailesh Kumar, Advocate on behalf of the complainant and Sri Sudhir Kumar Pathak, learned AGA alongwith Sri Abhinav Tripathi appearing for the State.
The submission of the learned counsel for the applicant is that the prosecution nominates in all six person including the applicant in an incident of assault employing sticks (Lathi, Danda) wherein two of the victims succumbed to their injuries. The postmortem examination report of the deceased show head injuries. It is submitted by learned counsel for the applicant that a general role has been assigned to all the six assailants whereas there is a clear cross version about the incident by the applicant side. It is stated that the applicants have lodged a prompt FIR whereas the prosecution against them is based on an FIR registered later in point of time, though on the same day.
It is argued that none of the witnesses have assigned any specific role of assault to the applicant and the weapon of assault is said to have recovered on the pointing of one Lal Bahadur from his house stained with blood. It is argued further that at best, it is a case of free fight where it cannot be said at this stage, as to which side were the aggressor. It is, in addition, submitted that identically circumstanced co-accused in the present crime, Bijali Yadav and Rajmani Yadav, had been admitted to bail vide order dated 20.9.2018 and 03.10.2018 passed in bail application Nos. 35441 of 2018 and 36984 of 2018 respectively and, therefore, the applicant, in addition, is entitled to bail on the foot of parity. It is also urged that the applicant has no criminal history and is in jail since 11.04.2018.
Learned counsel appearing for the complainant, Sri Shailesh Kumar and learned AGA has vehemently 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 general role assigned to all the accused with no specific allegation against the applicant, the fact that it is a cross case where it cannot be said at this stage as to which side are the aggressor 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 Yogendra Urf Pappu involved in Case Crime No. 38 of 2018, under Sections 147,149,307,302,504,506 IPC, P.S. Saraykhawaja, District Jaunpur 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.
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.
Order Date :- 27.10.2018 BKM/-