Allowed

Parmanand Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home

Allahabad HC13 Feb 2024/491/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Parmanand Yadav charged with murder. The court observed the applicant had no criminal history and the case was distinguishable from that of the husband of the deceased, deeming it a fit case for bail.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties with specific conditions to prevent tampering with evidence and witnesses.

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

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Neutral Citation No. - 2024:AHC-LKO:13082

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 491 of 2023

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Applicant :- Parmanand Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Counsel for Applicant :- Abhishek Misra,Nisha Srivastava,Ram Singh,Shaunak Singh,Sudhir Kumar Counsel for Opposite Party :- G.A.,Shiv Shankar Singh

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Hon'ble Karunesh Singh Pawar,J.

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1. Heard learned counsel for the applicant, learned counsel for the complainant, learned Additional Government Advocate for the State and perused the record.

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2. It is alleged in the prosecution case that the informant has married his daughter Shilam sixteen years ago with Santosh son of Radheyshyam. Brawl and skirmish used to take place between the husband and wife. One year ago, Santosh has remarried with one Kavita through court marriage and due to this also, there was skirmish between the duo. The son of the informant for taking medicine had gone to Mahuwari Purwa. On the way, there was Sasural of daughter of the informant. Just to know her well being, he went there and found the dead body of the deceased lying on the second floor. Suspicion has been raised on the accused persons.

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3. Learned counsel for the applicant submits that the applicant is a relative of husband of the deceased. He has nothing to do with the matter. There is no eye witness to the incident. Although cause of death is asphyxia as a result of ante mortem strangulation, there is no iota of evidence to connect the applicant with the incident.

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It is submitted that except the statement of Kiran who is not an eye witness and one extra judicial confession of a political person of Kisan Union, there is nothing against the applicant. There is no recovery made from the applicant. It is submitted that the deceased has been done to death by strangulation and the door was locked from outside. The applicant has no previous criminal history. The applicant is in jail since

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3.7.2022.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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5. Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, case of the applicant is distinguishable from the case of the co-accused, i.e. the husband of the deceased, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.

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6. Let the applicant Parmanand Yadav, involved in Case Crime No.623 of 2022 under sections 302/34 I.P.C., P.S. Kotwali Nagar, district Barabanki, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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(iv) 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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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case

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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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(vi) In case the applicant misuses the liberty of bail during trial 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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7. The application is allowed accordingly.

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Order Date :- 13.2.2024 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Parmanand Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home

Case brief

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Parmanand Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home

Case brief

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What did the court decide?

What the court decided

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