In a bail application regarding murder and conspiracy charges, the court granted bail to the applicant citing parity with co-accused already released and lack of independent witnesses, subject to standard conditions.
Relevase on a personal bond and two sureties with standard conditions.
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Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2822 of 2019
Applicant :- Gauri Shankar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Indra Kumar Chaturvedi Counsel for Opposite Party :- G.A.,Jaya Nath Patel
Hon'ble Aniruddha Singh,J.
Vakalatnama filed by Sri J.N. Patel, learned counsel on behalf of first informant is taken on record.
This case is being taken up as per order of Hon'ble The Chief Justice vide order dated 23.1.2019.
Heard Sri I.K. Chaturvedi, learned counsel for the applicant, Sri Jaya Nath Patel, learned counsel for the complainant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against unknown persons alleging that on 11/12.2.2018 Baijnath @ Dukhi Yadav was killed with sharp-edged weapon. He received injuries on head and face. After a period of 45 days, complainant has given an application mentioning therein the names of the accused persons including the applicant.
It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 1.7.2018(more than six and half months) having no previous criminal history. He has been falsely implicated. Co-accused Yash Kumar Yadav and Nari Bhan Singh have already been granted bail by coordinate Bench of this Court vide orders dated 6.12.2018 and 21.12.2018 passed in Criminal Misc. Bail Application Nos.46316 of 2018 and 49400 of 2018 respectively (Bail orders produced during argument, are taken on record), the applicant's case is identical to him and he is entitled to bail on the ground of parity. Incident is of night. There is neither any eye witness account nor any independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no previous criminal history and his case is identical to coaccused who have been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of
the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Gauri Shankar Yadav involved in Case Crime No.22 of 2018, under Section 302 & 120B IPC, Police Station Tharwayi, District Allahabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.1.2019 P.P.
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already granted bail and absence of independent witnesses.
Whether the conditions of bail will ensure fair trial without tampering with evidence.
Gauri Shankar Yadav
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
