Allahabad High Court
Rakesh Yadav And Another vs State Of U.P. on 3 October, 2023
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:188887
Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37747 of 2023
Applicant :- Rakesh Yadav And Another
Opposite Party :- State of U.P.
Counsel for Applicant :- Mahendra Kumar,Rakesh Prasad
Counsel for Opposite Party :- G.A.,Shree Prakash Upadhyay
Hon'ble Siddharth,J.
Heard learned counsel for the applicants; Shri Shree Prakash Upadhyay, learned counsel for the informant and learned A.G.A.
The instant bail application has been filed on behalf of the applicants, Rakesh Yadav and Rajesh Yadav, with a prayer to release them on bail in Case Crime No. 145 of 2023, under Sections 323,504,506,304,34 IPC Police Station Bhadohi, District- Bhadohi, during pendency of trial.
There is allegation against the applicants of committing offence of beating, criminal intimidation and causing offence of culpable homicide not amounting to murder of a women with common intention.Learned counsel for the applicants has submitted that there is cross version of the case recorded by the other side under same sections.After the death of one person from the side of the informant implication under section 304/34 I.P.C. was also made. No specific role has been assigned to the applicants.There are two injuries suffered by the deceased by hard and blunt object.It is not clear who is the author of the said injuries. The applicants are in jail since 8.7.2023 and have no criminal history.
Learned A.G.A. and learned counsel for the informant have opposed the bail prayer of the applicants but could not dispute the aforesaid facts.
Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials 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 be released on bail on their furnishing a personal bond and two 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That 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;
5. The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
6. The applicants 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 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.10.2023
Atul kr. sri.
