In this Criminal Misc. Bail Application, the Court granted bail to the applicant, Sudhir Kumar Yadav, in a murder and cruelty case. The Court noted the prolonged nature of the trial, lack of ground evidence against him, and the applicant's history.
Appellant released on bail with personal bond and two sureties in the like amount, subject to conditions.
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Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35881 of 2016
Applicant :- Sudhir Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Jainendra Kumar Mishra,Dileep Kumar,Hafeez Khan,Rajarshi Gupta Counsel for Opposite Party :- G.A.,Asarfi Lal,Ashok Pandey
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Sarvesh, learned counsel for the applicant, Shri Asarfi Lal, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that applicant along with his family members has been falsely implicated on account of suspicion that he had extra marital affairs. Further submission is that report lodged against applicant and his family members was investigated by the Crime Branch, and implication of family members of applicant being found false, they were exonerated and charge-sheet was submitted against five others. Thereafter, under the order to this Court the investigation was transferred to CBCID and an officer of inspector rank investigated the case and submitted charge-sheet against applicant and his family members.
Further submission of learned counsel for the applicant is that applicant was not at his house when incident took place, he was at his work place. It is also the submission that post-mortem report clearly reveals that it was not a case of homicide as alleged, deceased had committed suicide as only a ligature mark had been found on her neck during post-mortem examination. It is also the submission that five persons against whom chargesheet has been submitted by the Crime Branch have been enlarged on bail. Further submission is that nothing incriminating has been recovered either from possession or on pointing out of the applicant. It is also the submission that applicant who is in jail since 19.09.2016 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. and learned counsel for the first informant have vehemently opposed the prayer and submitted that clinching evidence has been found against applicant and his family members and in view of that, they do not deserve bail. However, they have not disputed that five accused against
whom charge-sheet has been submitted by Crime Branch have been enlarged on bail.
Having heard the submissions of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against applicant and evidence in support of it and taking a note of the fact that trial is not likely to be concluded in near future, I deem proper to enlarge applicant on bail.
Let applicant Sudhir Kumar Yadav be released on bail in Case Crime No. 369 of 2014, under Sections 498-A, 302, 120 I.P.C. & section 3/4 D.P. Act, P.S. Barra, District Kanpur Nagar, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.
(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.2.2018
Bhanu
1 issue framed by the court
Whether bail should be granted to the applicant considering the circumstances of the case.
Sudhir Kumar Yadav
State Of U.P.
Umesh Chandra Srivastava
As recorded by the court registry
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