Allowed

Satyendra Yadav v. State of U.P.

Allahabad HC10 Apr 2023BAIL/59438/2022

Case brief

AI extract

What is this about?

Court granted bail to under-trial applicant in a riot and culpable homicide case. The court noted overcrowding and one-sided investigation. Bail granted on furnishing bond and two sureties with strict conditions against tampering and ensuring court presence.

What did the court decide?

Release on bail with personal bond and two sureties; conditions preventing tampering with evidence/witnesses and ensuring presence in court; provisions for cancellation of bail on breach.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59438 of 2022

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Applicant :- Satyendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Atul Singh,Satendra Kumar Counsel for Opposite Party :- G.A.,Ganesh

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicant; Sri Ganesh Prajapati, learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Satyendra Yadav, with a prayer to release him on bail in Case Crime No. 107 of 2022, under Sections 147, 452, 323, 325, 304, 504, 506 I.P.C, Police Station- Kon, District- Sonbhadra, during pendency of trial.

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There is allegation against seven named accused persons including the applicant of rioting, beating and committing the offence of culpable homicide not amounting to murder with common object.

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Learned counsel for the applicant has submitted that the recovery of five lathis has been allegedly made from pointing out of the applicant, but there is only one injury on the occipital bone of skull of the deceased, which proved fatal for his life. It is not clear who caused the aforesaid injury by lathi out of seven accused persons. Two accused persons, Sanjay, Ramkesh Yadav, Virendra Yadav, Pappu Yadav, Indra Dev have been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 4102 of 2023 & 59837 of 2022, 58266 of 2022, 4328 of 2023, copies of which orders have been produced before this Court and are taken on record. The applicant has been falsely implicated in this case. He has no criminal history to his credit and is languishing in jail since 11.10.2022.. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. and learned counsel for the informant have vehemently 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 deserves any indulgence. In case the applicant is released on bail he will again indulge in

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similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, finding force in the submissions made by the learned counsel for the applicant; keeping in view uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy; larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022 and considering 5-6 times overcrowding in jails over and above their capacity by under trials and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. 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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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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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(v) 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 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

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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 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 :- 10.4.2023

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S.Ali

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

Satyendra Yadav v. State of U.P.

Case brief

What is this about?

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Satyendra Yadav v. State of U.P.

Case brief

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