Allowed

Vinod Kumar Yadav v. State of U.P.

Allahabad HC3 Dec 2019BAIL/49324/2019

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Vinod Kumar Yadav in a murder case under Sections 302 and 120B IPC. The court noted the prosecution case relies on a single brother's statement but found the applicant had no prior criminal history. It granted bail subject to rigorous personal bond and sureties, along with specific conditions regarding witness tampering, court appearances, and pro

What did the court decide?

Applicant released on bail by furnishing a personal bond and two reliable sureties, subject to specific conditions regarding witness tampering, adjournments, and trial attendance.

Vinod Kumar Yadav Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49324 of 2019

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Applicant :- Vinod Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Pal,Jai Prakash Singh,Mohd. Samiuzzaman Khan Counsel for Opposite Party :- G.A.

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Hon'ble Yashwant Varma,J.

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Heard Mohd. Samiuzzaman Khan learned counsel for the applicant; Sri I.P. Srivastava learned AGA for the State and perused the record.

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The present bail application has been filed by the applicant in case crime No.462 of 2018, under Sections 302, 120B I.P.C., police station Ghosi, District- Mau with the prayer to enlarge him on bail.

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For the purposes of evaluating the prayer for grant of bail, the Court bears in mind that the case of the prosecution against the applicant rests solely upon the statement of Sanjay Yadav, his brother and the wife of the deceased. Both of them have alleged that since the deceased was trying to mediate between the two brothers and resolve a property dispute, the applicant got incensed and perhaps engineered the murder of the deceased. Although the two assailants have been arrested, they do not allege that they were hired by the applicant to commit the crime in question. Even the weapon allegedly used in the commission of the crime has not been recovered till date. The Court is further apprised that investigation is concluded and that a chargesheet has been submitted.

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It has been submitted that the applicant who has no previous criminal history and is in jail since 10 December 2018 is entitled to be released on bail. It has next been submitted that in case the applicant is enlarged on bail, he will not misuse the liberty of bail.

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Learned AGA has opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.

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Considering the facts and circumstances of the case as also the submissions noticed above, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released on bail.

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Let the applicant Vinod Kumar Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) 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. 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 of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of Vinod Kumar Yadav charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 3.12.2019 faraz

Vinod Kumar Yadav v. State of U.P.

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Vinod Kumar Yadav v. State of U.P.

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