Ram Sukh Yadav Vs State of U.P. Thru. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

Ram Sukh Yadav Vs State of U.P. Thru. Secy… — Murder and Culpable Homicide | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Enlargement on bail in FIR No.293 of 2021 on furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to conditions: (a) bond to attend hearings; (b) not to commit any similar offence; (c) not to directly or indirectly make any inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the Court or police or tamper with evidence.

Issue for consideration

Whether the applicant Ram Sukh Yadav, in custody since 13.12.2021 in connection with FIR No.293 of 2021 (Sections 147, 148, 302, 308, 323, 325, 452, 504, 506, 34 IPC, Police Station Tarun, District Ayodhya), is entitled to be released on bail in his second bail application.

Court's answer

Taking into account that the applicant is in custody since 13.12.2021, has no criminal antecedents, that the FIR indicates the dispute occurred on account of a dispute pertaining to Gram Sabha land and constructions being raised thereon, and that there is nothing on record to demonstrate that the applicant if enlarged on bail would adversely affect the trial, the applicant is entitled to be released on bail.

Ratio / Principle

The bail application is allowed; the applicant Ram Sukh Yadav is to be released on bail in FIR No.293 of 2021 on furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned, subject to the stated conditions (undertaking to attend hearings; not committing similar offences; no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence).

Detailed headnote1 paragraphs

Bail - second bail application - FIR No.293 of 2021, Sections 147, 148, 302, 308, 323, 325, 452, 504, 506, 34 IPC, Police Station Tarun, District Ayodhya - first bail application rejected on 04.11.2022 (Criminal Misc. Bail Application No.5973 of 2022) with observations for conclusion and recording of evidence of fact witnesses within six months - trial court ordersheet shows PW 1 not forthcoming for cross-examination despite dates on 14.07.2023, 27.07.2023, 01.09.2023 and 06.01.2024 - applicant in custody since 13.12.2021 with no criminal antecedents - FIR indicates dispute arose over Gram Sabha land and constructions raised thereon - specific role of causing injuries assigned to applicant but general role assigned to all accused in other witness statements - nothing on record to show enlargement would adversely affect trial - bail allowed on personal bonds and two reliable sureties of Rs.20,000/- each, with conditions as to attendance, commission of similar offences and tampering/inducement.

Neutral Citation No. - 2024:AHC-LKO:13177

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1509 of 2024

Applicant :- Ram Sukh Yadav Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home, Lko. Counsel for Applicant :- Suyesh Pradhan Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

2 . The applicant seeks enlargement on bail in FIR No.293 of 2021, under Sections 147, 148, 302, 308, 323, 325, 452, 504, 506, 34 IPC, Police Station Tarun, District Ayodhya.

3 . This is the second bail application. The first bail application was rejected by this Court vide order dated 04.11.2022 passed in Criminal Misc. Bail Application No.5973 of 2022, wherein, the observations were made for conclusion and recording of the evidence of fact witnesses within six months.

4 . In the light of the aforesaid, the Counsel for the applicant has filed a supplementary affidavit bringing on record the ordersheet of the trial court.

5 . On perusal of the order-sheet, it transpires that the statement of PW 1 was to be recorded on 20.05.2023, thereafter on 14.07.2023, the date was fixed for cross-examination of PW 1. Thereafter on 27.07.2023, the witness was not present and thereafter once again on 01.09.2023, the witness was not present and once again on 06.01.2024, the witness was not present. The order-sheet on record reveals that PW 1 is not forthcoming for cross-examination.

6 . In the light of the abovesaid, the submission of the Counsel for the applicant is that although, specific role of causing the injuries was assigned to the applicant, however, in the other statement of the witnesses, general role was assigned to all the accused persons. The applicant is in custody since 13.12.2021 and has no criminal antecedents.

7. Learned A.G.A. vehemently opposed the bail prayer.

8. Considering the fact that the applicant is in custody since 13.12.2021 and has no criminal antecedents; the FIR itself indicates that the dispute occurred on account of a dispute pertaining to a Gram Sabha land and the constructions being raised thereon and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .

9. Let the applicant Ram Sukh Yadav be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

Order Date :- 13.2.2024 akverma

Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench