Allahabad High Court
Sheshnath Yadav vs State Of U.P. on 29 October, 2013
Bench: Anil Kumar Sharma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32207 of 2013
Applicant :- Sheshnath Yadav
Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Anil Kumar Sharma,J.
Parcha filed by Sri A.K. Pathak on behalf of the complainant is taken on record.
Applicant- Sheshnath Yadav seeks bail in Case Crime No. 20 of 2013, under sections 147, 148, 149, 308, 307, 302 IPC, Police Station Badhalganj, District Gorakhpur.
Heard Sri V.P. Srivastava, learned Senior Counsel assisted by Sri Janardan Yadav, learned counsel for the applicant, Sri A.K. Pathak, counsel for the complainant and learned AGA for the State.
It has been argued on behalf of the applicant that applicant has been falsely nominated in the FIR; that in the FIR it has been mentioned that all the six named accused and 4-5 unknown persons armed with rifle, DBBL gun, licensed revolver and country made pistol surrounded the accused and started assaulting him. The deceased became unconscious and was taken to the hospital and medically examined on 01.03.2013 at 6.15 PM. Counsel for the applicant has further submitted that all the injuries sustained by the injured except injury on head were simple are on his upper and lower limbs and it has not been made clear as to who has caused the head injury to the deceased.
The bail has been opposed on behalf of the State and complainant. It has been argued by learned counsel for the complainant that it is a day light murder in which 40 years old deceased was done to death by the accused persons.
In the FIR, it has been clearly mentioned that all the accused persons were armed with deadly weapons but use of these weapons has not been described in the FIR. In the police statements of witnesses Hari Narayan Yadav and Jawahar Yadav (later on died) have stated that accused persons assaulted the deceased with kicks, fists, Hockey, Lathi and Danda.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Without expressing any opinion on the merits of the case, let applicant- Sheshnath Yadav involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will not temper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.10.2013
Imroz
