Allowed

Ajay Yadav v. State of U.P.

Allahabad HC25 Apr 2023BAIL/58578/2022

Case brief

AI extract

What is this about?

This order grants bail to Ajay Yadav accused of his father's murder. The bench noted the lack of eye witnesses and blood stains on the recovered weapon, considering only the confessional statement and recovery as evidence against him.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties with conditions to appear, not tamper with evidence, and avoid criminal activity.

Ajay Yadav Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58578 of 2022

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Applicant :- Ajay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.,Om Prakash Singh

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Hon'ble Sameer Jain,J.

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None appeared on behalf of the informant even in the the revised call. However, learned AGA for the State-respondent is present.

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Heard Sri Ashok Kumar Maurya, learned counsel for the applicant and Sri Ghanshyam Mishra, learned Brief Holder for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 160 of 2022, under Sections 302, 506 IPC & 4/25 Arms Act, Police Station Sikanderpur, District Ballia, during pendency of the trial in the court below.

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FIR of the present case was lodged against applicant and one Virendra Yadav and according to the FIR, applicant in the night of 26.6.2022 committed murder of his father by inflicting sharp edged weapon injury to him.

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Learned counsel for the applicant submitted that informant is the real brother of the applicant and he is not an eye witness and as some dispute with regard to the ancestral property is pending between applicant and informant, therefore, totally on the basis of false allegation, he made accused the applicant in the present matter. He further submitted that applicant is in jail in the present matter since 27.6.2022, therefore, he may be released on bail.

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He further submitted that there is no eye witness account and it is alleged that during investigation, applicant was arrested and he confessed his guilt and on his pointing out from his almirah chapad, the alleged weapon used in the crime was recovered. He further submitted that entire recovery is false and planted and even from the recovery memo, it appears that the alleged 'chapad' was not blood stained and chapad is not such a weapon which is uncommon as it is easily available in the market, therefore, with

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the connivance of the informant police shown false recovery of 'chapad' on the pointing out of the applicant and implicated him in the present matter.

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He further submitted that except the confessional statement of the applicant and recovery of alleged chapad, there is no other evidence against the applicant on record.

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Per contra, learned AGA opposed the prayer for bail and submitted that there is allegation against the applicant that he committed murder of his own father but could not dispute the fact that there is no eye witness account and except the confessional statement of the applicant and recovery of chapad, there is no other evidence against him on record and from the perusal of the recovery memo, it appears that alleged chapad was not having blood stains.

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I have heard learned counsel for the parties and perused the record of the case.

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Although applicant is the son of deceased but it appears that there is no eye witness account in the present matter and on the basis of suspicion, applicant has been made accused in the FIR of the present case by his brother i.e. another son of the deceased and during investigation, applicant confessed his guilt and on his pointing out, chapad was recovered which is said to be the weapon of crime but from the recovery memo, which has been annexed as annexure-8 to the affidavit, it appears that the alleged chapad did not contain any blood stain and chapad is not such an uncommon weapon which could not be available in the open market and in the present matter except the confessional statement of the applicant and recovery of chapad, there is no other evidence on record against the applicant, therefore, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Ajay Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 25.4.2023

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Ankita

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Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad

Ajay Yadav v. State of U.P.

Case brief

What is this about?

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Ajay Yadav v. State of U.P.

Case brief

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