The Court granted bail to the applicant in a murder and suicide case, relying on the principle of parity with co-accused already released. Various conditions regarding attendance and trial conduct were imposed.
Release of the applicant on bail by furnishing a personal bond and two heavy sureties, subject to strict conditions regarding court attendance.
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. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33810 of 2021
Applicant :- Jaikishun Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shivkumari Chauhan,M.S. Chauhan,Manoj Yadav Counsel for Opposite Party :- G.A.,Sanjeev Kumar Rai
Hon'ble Shekhar Kumar Yadav,J.
Case called out.
None has appeared on behalf of complainant despite information having been sent by the learned counsel for the applicant through WhatsApp to the complainant's WhatsApp, which has been seen by the counsel for the complainant, but he has not appeared.
The Hon'ble Supreme Court has allowed serving of summons and legal notices through WhatsApp, Telegram and Email. The top court has held that two blue ticks on a legal notice or summon sent via WhatsApp would legally demonstrate under the Indian Evidence Act that the intended recipient has seen the document.
Heard Mr. Manoj Yadav, learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material available on record.
By means of this application, the applicant is seeking enlargement on bail during the trial in Case Crime No.78 of 2021, under Sections 302, 201 IPC, Police Station Sahatwar, District Ballia.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant has not committed any offence as alleged in the impugned first information report. The incident is alleged to have taken place on 25.05.2021 whereas the impugned FIR has been lodged on 30.5.2021 i.e. after 7 days of the alleged incident, but no plausible explanation has been offered. There is no direct or indirect evidence against the applicant. The applicant was no enmity with the deceased therefore there was no motive for the applicant to commit such offence as alleged in the impugned FIR. Further submission is that the applicant was having love affair with a girl and due to
depression, the deceased has committed suicide. As per postmortem report, no mark of injury has been found on the body of the deceased and the cause of death is Asphyxia due to ante mortem hanging. Further submission is that similarly placed co-accused, namely, Shriram Yadav, from whom recovery has been made, have already been enlarged on bail by another co-ordinate Bench of this Court by order dated 20.06.2022 passed in Criminal Misc. Bail Application No.3876 of 2022, copy of the bail order has been provided by learned counsel for the applicant is taken on record. He has further submitted that since the role of the applicant is identical to that of co-accused who have already been enlarged on bail, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 09.06.2021 having no previous criminal history.
Per contra, learned A.G.A. has vehemently opposed the prayer for bail, but could not controvert the submissions made by the learned counsel for the applicant.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
Let the applicant- Jaikishun Yadav , involved in the aforesaid case be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.
(ii) 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 IPC.
(iii) 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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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.
(v) The Trial Court may make all possible efforts/endeavour and try to conclude the trial within a period of one year after the release of the applicant.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 9.12.2022
Ajeet
Digitally signed by AJEET KUMAR PATEL Date: 2022.12.09 16:04:00 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on the ground of parity with co-accused granted bail.
What conditions should be imposed on the applicant while granting bail during trial.
4 provisions across 2 enactments
Jaikishun Yadav
Shekhar Kumar Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
