The High Court of Allahabad allowed bail to the applicant during the trial for an offence involving murder and unlawful assembly, directing execution of a personal bond and furnishing of two sureties.
Release on bail upon personal bond and two sureties subject to conditions of attendance and no tampering.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21938 of 2020
Applicant :- Shailendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Tiwari,Ashutosh Kumar Gautam Counsel for Opposite Party :- G.A.,Ram Pratap Yadav
Hon'ble Ajit Singh,J.
Heard Sri Santosh Kumar Tiwari, learned counsel for the applicant, learned A.G.A. for the State as well as Sri Ram Pratap Yadav, learned counsel for the complainant and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 02 of 2020, under Sections 302/34, 147, 148, 120-B I.P.C., P.S. Jahanaganj, District- Azamgarh, and is in jail since 08.03.2020, is seeking enlargement on bail during the trial.
The prosecution story is that the FIR of this incident was lodged by Ramayan Kharwar on 2.1.2020 regarding the death of his father Hawaldar Kharwar committed by two named accused Sanjay Pal and Rajendra Pal and one unknown person. The present applicant Shailendra Yadav was shown by the police as 3rd unknown person.
Learned counsel for the applicant submitted that the accusedapplicant was not named in the FIR. The name of applicant has surfaced during investigation after two months of the incident. When the accused was arrested in a Arms case and on the basis of his confessional statement, he has been named as an accused in this case. Learned counsel for the applicant further submits that the evidence which has been collected by the police against
the present applicant has been surfaced after his arrest i.e. after two months of the incident. It is also submitted that the accused Sanjay Pal and Rajendra Pal were arrested after the incident and they have never disclosed the name of present applicant. The applicant is in jail since 08.03.2020.
Learned A.G.A. and Sri R.P. Yadav, learned counsel for the complainant vehemently opposed the prayer for bail and submitted that the applicant had done recce and traced out the location of the deceased.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Shailendra Yadav , be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 7.9.2020 Prajapati
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail during the pendency of trial under the given circumstances.
Shailendra Yadav
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
