Dismissed

Manoj Yadav v. State of U.P.

Allahabad HC20 Aug 2020BAIL/9684/2020

Case brief

AI extract

What is this about?

Hon'ble Ramesh Sinha, J. rejected the bail application of Manoj Yadav involving offence under sections 498-A, 306, and 120-B IPC. The court noted allegations of harassment and assault in the F.I.R. directed appropriate fair investigation by S.P. Kushinagar.

What did the court decide?

Bail application rejected. S.P. Kushinagar directed to ensure fair investigation and submit police report within two months.

Manoj Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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In Chamber

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9684 of 2020

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Applicant :- Manoj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Yashpal Yadav,Lalji Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ramesh Sinha,J.

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As per the Office report dated 18.8.2020, an urgency application/mention has been moved on behalf of the applicant in the present bail application through e. mail which has been allowed, hence the present bail application has come up before this Court today in the cause list of fresh cases. The Court thus proceeds to hear the matter.

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Heard Sri Yashpal Yadav, learned counsel for the applicant, Sri A.R. Chaurasia, learned A.G.A. for the State through Video Conferencing and perused the record.

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It has been contended by the learned counsel for the applicant that the applicant is the Jeth of the deceased. The husband of the deceased has already died. There was some property dispute between the applicant's family and the deceased on account of which the brother of the deceased lodged the present F.I.R. against the applicant and his family members after 33 days of the incident for the offence under sections 498A, 306, 120-B I.P.C. He submits that all the co-accused persons, who were named in the F.I.R. have been granted anticipatory bail by the competent court. He submitted that it appears that either she met with accident or committed suicide as the dead body of the deceased was found lying on the railway track and the information about the same was given at the concerned police station by the Chaukidar. The Panchayatnama of the deceased was conducted on the same day and the informant-brother of the deceased was witness of the Panchayatnama but he had not lodged any F.I.R. on the said date. The applicant is in jail since 2.1.2020.

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Learned A.G.A. has vehemently opposed the prayer for bail and submitted that as per the F.I.R. itself it is apparent that on 11.11.2019 at night at about 3:40 a.m. the deceased herself has informed her brother-the informant that she was being beaten by the applicant and his family members for the dispute with regard to property between the parties. He submits that as per the post mortem report, the deceased has received four lacerated wound, two contusion and two abrasion on her body and the cause of death is ante mortem injuries. He submits that from a perusal of the post mortem report, it does not transpires that she committed suicide. He submitted that the investigation of the case is still pending.

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Without expressing any opinion on the merits of the case and considering the submission advanced and the allegation made in the F.I.R. and particularly the fact that the deceased was harassed and assaulted by the applicant and his family as has been informed by her to her brother-the informant and thereafter, the dead body of the deceased was found lying on the railway track, it cannot be said that it is a case of suicide, I find no good ground for grant of bail to the applicant Manoj Yadav involved in Case Crime No. 333 of 2019 under sections 498-A, 306, 120-B I.P.C.,

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police station Ramkola, District Kushinagar.

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Accordingly, the bail application is rejected at this stage.

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As the investigation of the present case is still pending, the S.P. Kushinagar is directed to ensure that the investigation of the present case be conducted in a fair manner and appropriate police report be submitted in the court concerned expeditiously preferably within a period of two months.

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Learned A.G.A. is directed to sent a copy of this order to the S.P. Kushinagar, who shall file his personal affidavit in the matter and submit the same before the Registrar General as soon as the investigation of the present case is concluded and police report is submitted.

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As soon as the aforesaid affidavit of the S.P. Kushinagar is received, the same shall be placed by the Registrar General before this Court in Chamber for its perusal.

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The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.

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The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 20.8.2020 Shiraz

Manoj Yadav v. State of U.P.

Case brief

What is this about?

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Manoj Yadav v. State of U.P.

Case brief

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