Court allowed bail for the applicant in a murder case involving joy firing. Noting lack of specific version regarding the shooter and no criminal antecedents, bail was granted subject to standard conditions.
Release on bail on personal bond and two sureties, subject to conditions against tampering, intimidation, and future criminal activity.
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8959 of 2021
Applicant :- Rajesh Kumar Yadav @ Raju Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Saxena,Puneet Bhadauria,Rakesh Kumar Srivastava,Shive Datta Yadav Counsel for Opposite Party :- G.A.,Ashish Goyal
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Rajesh Kumar Yadav @ Raju, in Case Crime No. 442 of 2020, under Sections- 304 I.P.C. Police Station-Dibiyapur, District-Auraiya.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Shri P.P. Srivastava, learned Senior counsel assisted by Shri Rakesh Kumar Srivastava, appearing for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 11.12.2020; he is of no criminal antecedent; it was a case instantly reported against the applicant and two-three unknown with accusation of joy firing in a marriage ceremony resulting hit assaulted over the deceased, who died instantly; in autopsy examination one wound of entry was there with no wound of exit and pallet was recovered; it was single shot resulting death, but who was the author of this shot is not there; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail; bail has been prayed for.
Learned counsel for the informant as well as learned AGA has vehemently opposed bail, but could not oppose this fact that the applicant is of no criminal antecedents.
Having heard learned counsel for both the parties, gone through the material placed on record it is apparent that four persons were said to have been made joy firing at a marriage ceremony resulting this hit of one shot over deceased, resulting his death; specific version is not there as to who did this shot; no malice or mens rea is reported; considering the nature of accusations, severity of the
punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Rajesh Kumar Yadav @ Raju , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.12.2021 Deepak/
1 issue framed by the court
Whether bail is maintainable in a case of murder by joy firing where no specific version is available regarding the author of the fatal shot.
Rajesh Kumar Yadav @ Raju
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
