Allahabad High Court
Lal Bahadur Yadav And Another vs State Of U.P. on 17 May, 2017
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39844 of 2015
Applicant :- Lal Bahadur Yadav And Another
Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Yadav,Ashok Kumar Singh Yadav,Jitendra Kumar Chakrabort,M J Akhtar
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Certified copy of the order sheet of the trial court produced by the learned counsel for the applicants during the course of argument is taken on record.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
Learned counsel for the applicants submits that no witness is examined in this matter till today. Other submission is that initially N.C.R. was lodged. Injured was medically examined but Doctor examining the injured did not record any injury on the head of the deceased. It is also submitted that injured died after a gap of seven days. Thereafter the case was converted under Section 304 IPC. Essential ingredients to constitute the offence under Section 304 IPC is not available in the matter. It is not clear from the prosecution evidence that who caused the injuries which resulted into the death of the deceased. Applicants are languishing in jail since 13.8.2015 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Lal Bahadur Yadav and Neeraj Yadav involved in Case Crime No. 492 of 2015, under Sections 323, 504, 506, 304, 120-B IPC, P.S. Mardah, District Ghazipur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected of the commission of which they are suspected.
5. The applicants 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.5.2017/Sachdeva
