Allowed

Vijay Kumar Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Secrt. Lko.

Allahabad HC22 May 2023/778/2023

Case brief

AI extract

What is this about?

In a bail application under Sections 302/201 IPC, the single-judge bench allowed the release of the applicant on personal bond and two sureties considering the lack of eyewitness, suspicion in FIR, and unchanged cause of death in post-mortem.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties in the like amount, subject to standard bail conditions.

Vijay Kumar Yadav Vs State of U.P. Thru… — Murder and Culpable Homicide | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:35590

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 778 of 2023

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Applicant :- Vijay Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Secrt. Lko.

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Counsel for Applicant :- Nisha Srivastava

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Counsel for Opposite Party :- G.A.,Akram Azad,Chandra Mohan Singh,Km. Akhilesh Singh

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Hon'ble Subhash Vidyarthi,J.

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Heard Ms. Nisha Srivastava, learned counsel for the applicant, Sri Ashok Kumar Singh, learned A.G.A.I for the State, Smt. Akhilesh Singh, learned counsel appearing on behalf of the informant and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0195 of 2022, under Sections 302/201 I.P.C., registered at Police Station Satrikh, District Barabanki.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 20.05.2022 implicating the applicant and his other accomplices on the basis of suspicion stating that the informant's son aged about 28 years had gone away from the house at about 8.00 a.m. on 18.05.2022, a missing report was lodged on 19.05.2022 and his dead body was found in Gomti river on 2005.2022.

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The postmortem examination report mentions that the cause of death could not be ascertained and viscera was preserved. The viscera examination report has not yet been received.

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During investigation the police has recorded the statement of the informant and Vimla Devi, mother of the deceased, both of whom have expressed suspicion that the applicant was involved in killing the deceased.

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Subsequently, the police recorded the statement of one Brijesh Kumar Vishwakarma, who stated that he had witnessed the applicant slapping the deceased and the aforesaid witness had intervened in the matter. Thereafter, the applicant and his nephew Tej Ram took the deceased towards the field and after some time he saw both the aforesaid persons putting the deceased in the back seat of the car.

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Learned counsel for the applicant has submitted that coaccused Tej Ram has been enlarged on bail by this court by means of an order dated 19.12.2022, passed in Criminal Misc. Bail Application No.10358 of 2022.

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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.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that informant is not an eye witness of the incident; that the F.I.R. implicates the applicant on the basis of suspicion only and the informant and the deceased's mother have stated in their statements also that they have suspicion that the applicant killed the deceased; that the cause of death could not be ascertained in the postmortem examination report and the viscera examination report has not been received till date; that although Brijesh Kumar Vishwakarma claims to have witnessed the incident on 18.05.2022, he did not disclose the same till 23.05.2022 and even in his statement he made similar allegations against the

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applicant and co-accused Tejram and that Tejram has already been granted bail and that the applicant has no previous criminal history and he is languishing in jail since 24.05.2022 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

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Accordingly, this bail application stands allowed .

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Let the applicant-Vijay Kumar Yadav be released on bail in Case Crime No. 0195 of 2022, under Sections 302/201 I.P.C., registered at Police Station Satrikh, District Barabanki on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) the applicant shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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(Subhash Vidyarthi, J.)

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Order Date :- 22.5.2023 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Vijay Kumar Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Secrt. Lko.

Case brief

What is this about?

What did the court decide?

Vijay Kumar Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Secrt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

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