Allowed

Mani Yadav v. State of U.P.

Allahabad HC22 May 2023BAIL/1639/2023

Case brief

AI extract

What is this about?

Allowed bail to Mani Yadav accused of murder and affray, though the court declined to express an opinion on the merits of the case due to there being no minor children to support and other attending circumstances.

What did the court decide?

Release of applicant Mani Yadav on bail on furnishing a personal bond and two heavy local sureties subject to conditions of court attendance and no adjournments.

Mani Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:112505

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1639 of 2023

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Applicant :- Mani Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.,Yogesh Kumar Singh

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant, learned A.G.A., and perused the material on record.

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According to the prosecution version on 20.06.2022 at about 6:30 P.M., the son of the informant namely, Mukesh along with his friend was going on a motor cycle and since on 19.06.2022 the applicant and co-accused Vimlesh Yadav had threatened to kill him, with regard to same, they were going to give information to the Police Station Kotwali Katra as soon as, they reached near Durga Bazar, 6-7 unknown accused persons assaulted the son of the informant and his friend. The coaccused Chunnu Yadav dragged them in his Haata and exhorted to kill him and with an intention to kill him fired upon him and the applicant had stoned him whereas, the remaining accused persons have assaulted with bat on account of which his son injured (Mukesh) sustained grievous injuries, who later on succumbed to injuries. Learned counsel for the applicant submits that as per the post mortem report, the deceased sustained as many14 injuries on his person and all the injuries are sustained on non-vital part of the body except injury no.1. He further submits that as per recovery memo, 4.5 inches thick stone weighing 16 kilograms is said to have been recovered from the possession of the applicant by which, the applicant is alleged to have assaulted upon the deceased, which cannot be

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believed for the reasons that if somebody assault with a stone weighing 16 kilograms, then the injured ought to have died on the spot, further more, it is not possible to assault with such huge weight of stone weighing 16 kilograms. Learned counsel has next argued that as per F.I.R., the fire is also said to have made by one of the accused persons upon the deceased but there is no fire arm injury detected by the doctor at the time of post mortem of the deceased. It is thus contended that the applicant has been falsely implicated in the instant case, due to village parti bandi. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 23.06.2021 having criminal history which has been explained in the affidavit accompanying the bail application. Learned counsel has lastly contended that one of the co-accused, who has been assigned the role of exhortation has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 21.11.2022 passed in Criminal Misc. Bail Application No. 36965 of 2022, copy of which order is annexed as Annexure-12 to the affidavit accompanying the bail application.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail

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he will misuse the liberty of bail.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, there is no one to nourish the minor children of the applicant, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

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Let applicant Mani Yadav involved in Case Crime No.112 of 2022 under Sections 147, 148, 149, 302, 323, 427, 308/34 I.P.C., Police Station Kotwali Katra, District Mirzapur, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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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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 of the Indian Penal Code.

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III. In case, the applicant misuses the liberty of bail 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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IV. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 22.5.2023 S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Mani Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mani Yadav v. State of U.P.

Case brief

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What did the court decide?

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