Allahabad High Court
Indrasan Yadav Alias Indrasan Alias ... vs State Of U.P. Thru. Addl. Chief Secy. ... on 19 September, 2025
Author: Karunesh Singh Pawar
Bench: Karunesh Singh Pawar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Neutral Citation No. - 2025:AHC-LKO:58044
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
CRIMINAL MISC. BAIL APPLICATION No. - 14320 of 2023
Indrasan Yadav Alias Indrasan Alias Jhandi
.....Applicant(s)
Versus
State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. U.P. Lucknow
.....Opposite Party(s)
Counsel for Applicant(s)
:
Meva Lal Yadav, Bhavesh Chandel, Dinesh Kumar, Govind Yadav, Piyush Raj Verma, Sachin Upadhyay, Shivendra S Singh Rathore
Counsel for Opposite Party(s)
:
G.A., Ajay Kumar Yadav, Girish Chandra Verma, Sher Bahadur Yadav
Court No. - 12
HON'BLE KARUNESH SINGH PAWAR, J.
1.Heard learned counsel for the applicant, the complainant's counsel, learned Additional Government Advocate for the State on this second application for bail, first having been rejected vide order dated 25.8.2023 passed in Bail No.9197 of 2023, and perused the record.
2.It is alleged in the prosecution case that on 19.2.2023 at about 7.30p.m., the accused persons forcibly started ploughing the field of the informant situated in Majha Kamhariya. Receiving this information, family members of the informant went to oppose it. Upon this, it is alleged that 13 named and 20 other unknown persons armed with gun, country made pistol, spear, lathi, tengari and farsa attacked on them, due to that, family members of the informant suffered grievous injuries. Upon the exhortion of co-accused Gulab, Indrasan, present applicant, Kamla, Brijesh and Manjesh fired which came in the chest of Ramdaras and he died on the spot. Somai has sustained grievous injury. Arun, Mohan, Dhirendra, Ram Dulare, Manish were badly injured.
3.Learned counsel for the applicant submits that the incident occurred all of a sudden without any pre-meditation or time to cool down. There was no intent on the part of the accused persons. Out of 24, eight material fact witnesses including the injured witnesses have been examined. P.W.2 and P.W.5 both are injured witnesses who have assigned specific role of causing gun shout injury to the deceased by his licenced rifle. The statement of P.W.2 and P.W.5 is corroborated by opinion of Doctor Ravi Prakash Rajdhar, which is on record, that the injury to the deceased has been caused by single bullet cartridge. The FSL report also corroborates the statement of P.W.2 and P.W.5.
The specific role of causing injury is on Kamla and not to the applicant. The country-made pistol recovered from the applicant cannot be connected with this injury. There are five injured persons in this case. None of the injured has suffered any grievous injury.
In the post mortem report, the deceased sustained five injuries- one firearm entry wound and other being the exit wound of the same, while three lacerated wounds have also been found on the different places of his person. The cause of death of the deceased is shock and hemorrhage as a result of ante mortem firearm injuries.
The applicant has explained previous criminal history of five cases in para 2 of the supplementary affidavit. There is a recovery of country made pistol from the applicant, to which there is no independent witness. There is no chance of tampering the prosecution evidence. Still 16 prosecution witnesses are left to be examined and the trial is not likely to be concluded in near future. The applicant is in jail since 22.2.2023.
The co-accused Surju Yadav, Sohan Pal, Nirmal Yadav and Beerbal Yadav have been granted bail vide orders contained in annexure No.16 collectively.
It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
4.Learned A.G.A. and complainant's counsel posed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
5.Considering the facts and circumstances of the case, orders of the co-accused persons, named above, general role assigned to the applicant by the injured in the statement before the court and the co-accused Kamla has been assigned specific role of firing from his rifle to the deceased, statement of doctor, FSL report, the judgment of Supreme Court in Javed Gulam Nabi Shaikh versus State of Maharashtra and another 2024 SCC OnLine SC 1693, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6.Let the applicant Indrasan Yaav alias Indrasan alias Jhandi, involved in Case Crime No.60 of 2023 under sections 147, 148, 149, 302, 324, 308, 447, 323, 307, 34 I.P.C., 25/27/30 Arms Act, P.S. Rajesultanpur, district Ambedkar Nagar, 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 which are being imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii) 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.
(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 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.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A I.P.C. (now 269 BNS)
(vi) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A I.P.C. (now 209 BNS).
7.The application is allowed accordingly.
(Karunesh Singh Pawar,J.)
September 19, 2025
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