Court allowed bail to a police constable implicated in a supplementary charge-sheet regarding death of a suspect, finding no strong evidence against him initially and low flight risk.
Released on bail on personal bond and two sureties each of like amount subject to standard bail conditions.
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. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2359 of 2023
Applicant :- Gautam Muni Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Govt. U.P. Lko.
Counsel for Applicant :- Mukesh Kumar Mishra,Rajan Mishra,Umesh Chandra Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Mr. Rajan Mishra, learned counsel for the applicant, Mr. Manoj Kumar Sahu, learned A.G.A. for the State and perused the records.
The instant application has been filed seeking release of the applicant on bail in Case Crime No.133A of 2006, under Sections 143, 323, 304 I.P.C., registered at Police Station Katra Bazar, District Gonda.
The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.10.2006 against seven named accused persons, not including the applicant, alleging that the named accused persons had taken away two sons of the informant and had asked her to take back her son on the following day. On 13.10.2006 the informant's other son had gone to bring back his brothers, later on the informant came to know that the accused persons had beaten up her son Shiraz and had taken him to the police station and they wanted to get him entangled in a police case regarding death of the wife of Shiraz.
After investigation the police submitted charge-sheet against named accused persons. Neither any allegation had been levelled against the applicant in the F.I.R. nor did any fact come to light against him during the course of investigation. Subsequently, the case was transferred to CBCID, which submitted a supplementary charge-sheet in which the applicant
was also implicated as one of the accused persons.
In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.
The State has filed a counter affidavit annexing therewith the statements recorded during investigation. A witness Zahid Khan has stated that Azad Khan, brother of the deceased wife of Shiraz had called Shiraz on the pretext of entering into a settlement and thereafter he tied Shiraz with a neem tree and had beaten him. Meanwhile, the information of this case was given to the applicant who is a Police Constable and he also had beaten Shiraz with sticks and later on Shiraz died in the District Hospital.
The deceased's brother Mohd. Shahid was also examined and he had levelled allegations of beating against named accused persons only and he did not level any allegation against the applicant. One Mangrey who was a Chowkidar, had stated that Shiraz had been beaten up by the family members of his deceased wife and he had been brought to the police station; that he had requested Mangrey to give water to him and had requested him to inform his family members that the family members of the deceased wife had beaten him up. Mangrey had given the information as requested by Shiraz to his brother Shahid. Mangrey further stated that no police person had beaten up Shiraz.
The learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid aspects of the matter.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has not been named in the F.I.R. nor has he been named in the charge sheet;
that the village chowkidar, who is the person to whom the deceased spoke with for the last time, also stated that the deceased had told him that the family members of his wife had beaten him up and he did not implicate the applicant; that the applicant is a Constable in Police and there appears to be no reasonable probability of his escaping from the process of law in case he is enlarged on bail; that the applicant has no previous criminal history and he is languishing in jail since 04.01.2023 and without making any observation, which may affect the merits of the case, I am satisfied that the applicant is entitled to be enlarged on bail in the aforesaid case crime.
Accordingly, this bail application stands allowed .
Let the applicant-Gautam Muni Yadav be released on bail in Case Crime No.133A of 2006, under Sections 143, 323, 304 I.P.C., registered at Police Station Katra Bazar, District Gonda on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
(Subhash Vidyarthi, J.)
Order Date :- 4.4.2023 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the applicant, facing charge of culpable homicide, deserves bail consideration given his non-inclusion in the initial FIR.
Whether the applicant, a police constable, has a reasonable likelihood of absconding if granted bail.
Whether the evidence against the applicant is sufficiently strong to deny bail at this stage.
Gautam Muni Yadav
State Of U.P.
Subhash Vidyarthi
As recorded by the court registry
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