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Ram Bhawan Alias Bansh Narayan Yadav v. State of U.P.

Allahabad HC22 Feb 2019BAIL/7539/2019

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application by Ram Bhawan reduced bansh Narayan Yadav. The applicant alleged a minor role in disposing of evidence in a murder case after his co-accused killed the deceased. The court, considering complicity and severity of punishment, held it a fit case for bail.

What did the court decide?

The applicant was released on bail in Crime No.223 of 2018 by furnishing a personal bond and two sureties, subject to conditions including cooperation with trial and non-interference.

Ram Bhawan Alias Bansh Narayan Yadav Vs State… — Murder and Culpable Homicide | Allahabad HC (2019)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7539 of 2019

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Applicant :- Ram Bhawan Alias Bansh Narayan Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Harsh Kumar,J.

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Heard learned counsel for applicant, learned A.G.A. and perused record.

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Learned counsel for applicant contends that applicant is not named in F.I.R. lodged by Smt. Prabhawati Devi, wife of deceased Babloo Yadav on 18.10.2018 with allegations that her husband Babloo Yadav was fetched by named accused Lalu Yadav and Ram Bhajan Yadav at 10:00 p.m. on 17.10.2018 on pretext that village Pradhan has called him but he did not return and she suspects his kidnapping so F.I.R. is being lodged under Section 364 I.P.C.; that during investigation name of co-accused Ram Singhasan was disclosed by eye witnesses Radhey Bind and Rajesh Bind, who were talking with deceased when he was fetched by named accused and Ram Singhasan; that name of applicant has surfaced in confessional statement of co-accused Ram Singhasan who has stated that upon catching hold of hands of Babloo, Lalu shot him resulting in his death at spot and later on in order to make evidence disappear he along with Lalu Yadav, two unknown as well as Bansh Narayan Yadav, applicant, poured inflammable liquid over dead body and Ram Singhasan put dead body to fire; that dead body of deceased was recovered at pointing of Ram Singhasan; that applicant had no concern and is not alleged to have caused death of Babloo rather he has been assigned with role of making evidence of offence disappear with other co-accused persons and his offence does not travel beyond scope of Section 201 I.P.C.; that case of applicant is distinguishable from accused named in F.I.R. and Ram Singhasan; that applicant has no criminal history; that applicant undertakes that he will not misuse liberty of bail; that applicant is in custody since 30.10.2018.

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Learned A.G.A. opposed prayer of bail.

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Upon hearing learned counsel for parties, perusal of record and considering complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on merits of case, I find it a fit case for bail.

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Let the applicant Ram Bhawan Alias Bansh Narayan Yadav be

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released on bail in Case Crime No.223 of 2018, under Sections 364, 302, 201, 120B/34 I.P.C., P.S. Chakia, District Chandauli, on furnishing a personal bond and two sureties each in like amount to satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will co-operate with 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 liberty of bail enabling court concerned to take necessary action in accordance with provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

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(ii) The applicant will not tamper with prosecution evidence and will not delay disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of conditions mentioned above, court concerned will be at liberty to cancel bail and send applicant to prison.

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Order Date :- 22.2.2019 Kpy

Ram Bhawan Alias Bansh Narayan Yadav v. State of U.P.

Case brief

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Ram Bhawan Alias Bansh Narayan Yadav v. State of U.P.

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