The Court allowed a bail application filed by Pramod Kumar Yadav accused of murder and conspiracy. The Court was satisfied that the case facts were similar to a co-accused already granted bail and found no ground to deny bail.
Accused released on bail executing personal bond and furnishing two sureties to the satisfaction of the court.
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Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19043 of 2018
Applicant :- Pramod Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ghan Shyam Das,Shiv Shanker Yadav,Sri Kamal Krishna, Sr. Adv. Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case the F.I.R. was lodged against two named persons, namely, Lal Chandra Yadav, Ram Asare and two unknown persons, alleging that on 18.08.2017 they assaulted Ankita (daughter of Ram Asare); specifically stated that Lal Chandra Yadav has used sharp edged weapon (churi) and assaulted on neck of deceased Ankita, resultantly she died; subsequently on 20.08.2017 knife used in the incident was recovered on the pointing out of Kanhiya Lal and Lal Chandra and finally charge-sheet was submitted against Lal Chandra Yadav, Ram Asare, Kanhiya Lal and Bhonu @ Pramod.
Learned counsel for the applicant submitted that coaccused namely Kanhaiya Lal has been granted bail by this Court vide order dated 10.4.2018 in Criminal Misc. Bail Application No. 42547 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant has been falsely implicated in the present case; there is no independent witness against the applicant; specific role of killing has been assigned to the co-accused Lal Chandra Yadav; the role of this accused is extended to catching hold only; there is no direct evidence against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 7.11.2017 (more than six and half months) having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused and the case of present applicant is identical to co-accused Kanhaiya Lal who has been enlarged on bail.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Pramod Kumar Yadav involved in the Case Crime No.484 of 2017, under Sections 302, 120B, 316 I.P.C., P.S. Khutahan, District Jaunpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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 :- 22.5.2018 A. Singh
2 issues framed by the court
Whether the applicant who is languishing in custody for over six months is entitled to bail when a co-accused with a similar role has already been granted bail.
Whether the applicant is a fit person to be released on bail pending trial in a charge involving murder and conspiracy to murder.
3 provisions across 1 enactments
Pramod Kumar Yadav
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
