This is a bail application under CrPC challenging arrest in a murder case. The High Court considered the period of custody and prosecution delay in producing CCTV footage, allowing bail without expressing an opinion on the merits.
Applicants released on bail by furnishing a personal bond and two sureties each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7913 of 2019
Applicant :- Deepu Yadav @ Ajay Kumar And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A.,Avanish Kumar Shukla,Mithilesh Kumar Shukla
Hon'ble Aniruddha Singh,J.
Short counter affidavit filed today is taken on record.
This case has been assigned by the Hon'ble The Chief Justice vide order dated 26.3.2019.
Heard learned counsel for the applicants, learned counsel for the complainant as well as Sri H.P. Gupta, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against five persons namely, Mahipal Yadav, Sonu Yadav, Vipin Yadav, Seepu Yadav and Deepu Yadav alleging that on 21.6.2018 at 18:30 hour they opened fire at Sachin Yadav. He received five firearm injuries and died. The incident was recorded in CCTV camera. Specific role of firing was assigned to Mahipal and Sonu Yadav.
It is submitted by learned counsel for the applicants that the applicants are languishing in jail since 26.11.2018(four months). Criminal history of three cases against Deepu Yadav and one case against Seepu Yadav have been explained. They have been falsely implicated. Specific role of firing was assigned to Mahipal and Sonu Yadav. The applicants' case are distinguishable from Mahipal and Sonu Yadav. There is no recovery at this pointing out or from their possession. There is no independent witness. So-called CCTV footage has not been proved by the prosecution and after 15 days of incident, the footage is not available. In case applicants are released on bail, they will not misuse the liberty of bail and 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 applicants.
Learned counsel for the complainant submitted that in compliance of order dated 5.3.2019 CCTV footage has not been produced.
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 applicants have made out a case for bail. The bail application is allowed.
Let applicants Deepu Yadav @ Ajay Kumar and Seepu Yadav @ Vijay Yadav involved in Case Crime No.524 of 2018, under Section 147, 148, 149,302 IPC, Police Station Shikohabad, District Firozabad 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:
2.The applicants will not pressurize/ intimidate the prosecution witness.
3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5.The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.3.2019
P.P.
1 issue framed by the court
Whether the applicants are entitled to bail considering the period of custody and absence of evidence against them?
Deepu Yadav @ Ajay Kumar
Seepu Yadav @ Vijay Yadav
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
