Allowed

Kripa Shankar Yadav v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Allahabad HC7 Dec 2022/5799/2022

Case brief

AI extract

What is this about?

Court examined bail application in a murder case arising from an altercation involving a deceased's illicit relations. Despite the serious nature of the offense, the court granted bail subject to strict conditions ensuring trial cooperation and attendance.

What did the court decide?

Applicant be released on bail upon furnishing a personal bond and two sureties, subject to conditions against adjournment and ensuring trial cooperation.

Kripa Shankar Yadav Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5799 of 2022

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Applicant :- Kripa Shankar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A.,Geeta Rani,Shiva Nand Pandey

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Hon'ble Dinesh Kumar Singh,J.

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Heard learned counsel for the applicant as well as Sri Brijendra Vikram Singh, learned A.G.A. and Sri Shivanand Pandey, learned counsel for the complainant and perused the record.

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The present application under Section 439 Cr.P.C. has been filed by the accused-applicant Kripa Shankar Yadav S/o Sri Raj Pati Yadav seeking bail in FIR/ Case Crime No.214 of 2021, under Sections 302/34,341,120-B IPC, Police Station Karaundi Kalan, District Sultanpur.

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As per the F.I.R., the deceased used to live in Mumbai with his family and was in real estate business. It is said that Rajkumari, wife of Ramashankar, was also living in Mumbai with her husband and children. She was working in the company of the deceased as real estate agent. Rajkumari along with her children came to her husband's village Hinduabad. The deceased also came with his family to his ancestral village Bangawan Khas, PS Parasurampur, District Basti. It appears that the deceased was having illicit relations with Rajkumari. On 18 December 2021 Rajkumari called the deceased to her house. The deceased was found in the room of Rajkumari by the family members including the present accused-applicant, who is brother in law of Rajkumari. Finding the accusedapplicant in the room of Rajkumari in the night the family members of Rajkumari caught hold of him and assaulted him, as a result thereof he died.

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Rajkumari and her children have supported the prosecution case in their statements recorded under section 161 CrPC. Postmortem report would suggest the following antemortem injuries and cause of death is hemorrhage and shock due to antemortem injuries:

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"1. LW (5x1 cm) on left side forehead just above eyebrow.

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2. Contusion (4x2cm) on exterior surface of left wrist joint (2x2cm) on left chin of tibia 5 in number.

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3. Contusion 7x3 cm. On left eye, (14x11cm) on exterior surface

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of Rt. upper arm, (15x6cm) on Rt. hand and wrist exterior surface, (40x11cm) on left forearm hand, (11x6cm) on Rt. side ……. (26x20cm) Rt. Lateral …. Glutel region, (19x10cm) on Rt chin up tibia, (20x3cm) on back at left scapula, (15x12cm.) on external surface at left upper arm, (17x16cm) on left side …., (35x21cm) on left side back at … lateral region, (23x11cm) on left chin up tibia."

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Learned counsel for the accused-applicant has submitted that the accused-applicant is in jail since 20.12.2021. He further submits that anyone would lose temper and control if he finds a female of his family in the company of an stranger in the night, that too, in his house/ residence.

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Learned AGA has opposed the prayer for bail, but not disputed the aforesaid facts.

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The accused-applicant is in jail since 20.12.2021. I find little substance in the submission of learned counsel for the accusedapplicant that anyone would lose temper and control if he finds a female of his family in the company of an stranger in the night, that too, in his house/ residence. In view thereof this court is of the view that the accused-applicant is entitled to be enlarged and bail. The application is allowed.

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Let applicant Kripa Shankar Yadav S/o Sri Raj Pati Yadav be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall not move any application to recall the prosecutrix for re-examination and he will cooperate in the trial and will not seek any adjournment. In case the trial court finds that the accused-applicant is not cooperating in the trial and try to delay the trial proceedings, the trial court itself would be entitled to cancel the bail application of the accused-applicant, so that the trial gets completed at the earliest.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal

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Code.

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(iv) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(Dinesh Kumr Singh, J.)

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Order Date :- 7.12.2022 A.Nigam

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Digitally signed by ANUJ NIGAM Date: 2022.12.12 18:55:20 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Kripa Shankar Yadav v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

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Kripa Shankar Yadav v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko.

Case brief

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