Lal Bahadur Yadav vs State Of U.P.
2022 Latest Caselaw 3121 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6476 of 2022
 

 
Applicant :- Lal Bahadur Yadav
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Janardan Yadav
 
Counsel for Opposite Party :- G.A.,Ashutosh Kumar Pandey,Sunita Chauhan
 

 
Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Janardan Yadav, learned counsel for the applicant and Sri Banshi Lal Nishad, learned A.G.A. for the State and perused the record of the case.

The present bail application has been filed on behalf of applicant Lal Bahadur Yadav under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 134 of 2021, under Sections 147, 304, 323, 504, 506 of the Indian Penal Code, registered at Police Station Saraimeer, District Azamgarh, during pendency of the trial, after rejecting the bail application of the applicant by Sessions Judge, Azamgarh vide order dated 03.12.2021.

Brief facts of the present case are that the first information report dated 14.10.2021 has been lodged against the applicant and other 4 named co-accused persons under sections 147, 302, 323, 504, 506 I.P.C by husband of the deceased stating that the first informant has enmity with the applicant, on 14.10.2021 at 6:30 a.m. when the wife of the first informant was going to dump the cow dung, at the same time applicant and other co-accused persons having lathi and danda in their hands committed maarpeet with the first informant and attempted to save his wife they committed maarpeet with the first informant, his wife died at spot.

After lodging the first information report the inquest proceedings of the deceased has been conducted on 14.10.2021 at 11:00 a.m. and the postmortem has also been conducted on the same day at 4:40 p.m. As per inquest and postmortem reports only one injury of abrasion 5 cm X 3 cm over the top of the joint shoulder was found on the person of the deceased. Cause of death of the deceased is ante-mortem cardiac arrest and time of death is one day prior to the postmortem. Medical examination of injured Daya Ram Yadav complaint of pain of body-ache was found. After recording the statement of the prosecution witnesses under Section 161 Cr.P.C., the Investigating Officer has submitted charge-sheet against the applicant and other 4 named co-accused persons. The applicant was arrested on 17.10.2021.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It has further argued that as per postmortem report only one injury of abrasion 5 cm X 3 cm over the top of the joint shoulder was found, except this injury no other external injury was found on the person of deceased as well as the first informant. It has further argued that the applicant duly explained two other criminal cases in paragraph nos. 10 and 11 of the affidavit filed in support of the bail application which are the offences punishable below 7 years. It has further argued that co-accused Satyendra Yadav and Mitthu Yadav have already been enlarged on bail by the Coordinate Benches of this Court vide orders dated 19.01.2022 & 21.02.2022 in Criminal Misc. Bail Application Nos. 239 of 2022 & 6030 of 2022 respectively. Except the aforesaid two cases no other criminal history to his credit and he has not convicted by any court in any cognizable offence and if the applicant is released on bail, he shall not misuse the liberty of bail.

Per contra, learned A.G.A. has supported the order passed by the Sessions court and vehemently opposed the prayer for grant of bail to the applicant and submits that the allegations involved are very serious in nature. But he could not point out any material to the contrary. He further submits that in case the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

After considering the facts of the present case it prima facie appears that;

(a) The first information report has been lodged against 5 persons including the present applicant.

(b) Only one injury of abrasion 5 cm X 3 cm over the top of the joint shoulder was found on the person of the deceased.

(c) Cause of death of deceased Smt. Guddi is cardiac arrest.

(d) Time of death is one day prior to the postmortem.

(e) Co-accused Satyendra Yadav and Mitthu Yadav have already been enlarged on bail by the Coordinate Benches of this Court.

It is a settled law that while granting bail, the court has to keep in mind the nature of accusation, the nature of the evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, the circumstances which are peculiar to the accused, his role and involvement in the offence, his involvement in other cases and reasonable apprehension of the witnesses being tampered with.

Taking into account the totality of facts and keeping in mind, the ratio of the Apex Court's judgment in the case of State of Rajasthan v. Balchand @ Baliay (1977) 4 SCC 308, Gudikanti Narasimhulu And Ors., v. Public Prosecutor, High Court Of Andhra Pradesh, AIR 1978 SC 429, Ram Govind Upadhyay v. Sudarshan Singh & Ors., (2002) 3 SCC 598, Prasanta Kumar Sarkar v. Ashis Chatterjee & Anr., (2010) 14 SCC 496 and Mahipal v. Rajesh Kumar & Anr., (2020) 2 SCC 118, the larger interest of the public/State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail. Hence, the present bail application is allowed.

Let applicant, Lal Bahadur Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

(i) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

(iii) The applicant shall remain present, in person, 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 of Cr.P.C.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.

(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(vi) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. If in the opinion of the trial court that absence of the applicant 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 in accordance with law.

The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously in accordance with law after the release of the applicant, if there is no other legal impediment.

It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.

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 :- 17.5.2022

Vikram