In Criminal Misc. Bail Application No. 5631 of 2019, the Court granted bail to the applicant, Chikhuri Yadav, accused in a murder case. The applicant was released on personal bond and two sureties subject to specific conditions regarding court attendance and behavior.
Released on bail on furnishing a personal bond and two sureties each.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5631 of 2019
Applicant :- Chikhuri Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Nitesh Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that applicant has been falsely implicated; that as per averments made in F.I.R., on 17.09.2018 at about 05:00 a.m., applicant Chikhuri Yadav along with co-accused Deena Nath Yadav, Shree Yadav, Sunil Yadav, Chandan and Suraj assaulted Rahul Patel @ Pintu son of first informant Om Prakash Patel by lathi-danda (wooden sticks), bricks and stones, due to which he sustained fatal injuries and succumbed to his injuries and later on applicant Deena Nath Yadav, Chikhuri Yadav, Shree Yadav and Sunil Yadav came at the residence of first informant and told him that Rahul Patel @ Pintu came to their house's roof and destructed their dish umbrella; that prosecution version is highly improbable; that real fact is that Ram Hosil Yadav, father of coaccused Chandan and Suraj has lodged an F.I.R. on same day at 12:40 p.m. with allegations that Rahul Patel @ Pintu had committed murder of his father-in-law Motilal Yadav; that being infuriated by this act, first informant has falsely implicated applicant; that co-accused Sunil Yadav has been granted bail by another Bench of this Court vide order dated 31.1.2019 passed in Criminal Misc. Bail Application No. 49396 of 2018, copy of which has been produced for perusal and taken on record; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 6.10.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Chikhuri Yadav be released on bail in Case Crime No.840 of 2018, under Sections 147, 302, 323, 336,34
IPC, P.S. Kotwali, District Deoria 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 :- 13.2.2019
Tamang
2 issues framed by the court
Whether the applicant Chikhuri Yadav is eligible for bail in a case involving murder and affray.
Whether the totality of facts and circumstances make it a fit case for bail.
4 provisions across 2 enactments
Chikhuri Yadav
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
