Dharmendra Yadav Alias Puchchi vs State of U.P.

Neutral Citation No. - 2025:AHC:8037

Court No. - 5

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1382 of 2025

Applicant :- Dharmendra Yadav Alias Puchchi Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Matter is taken up in the revised call.

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By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.147 of 2024 at Police Station-Tharwai, District-Prayagraj under Sections 323, 304, 504 IPC. The applicant is in jail since 13.06.2024.

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The bail application of the applicant was rejected by the trial court on 13.08.2024.

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The following arguments made by Shri Abhishek Kumar Yadav, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA-I from the record, entitle the applicant for grant of bail:

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1.The applicant has been falsely implicated on account of the dispute of family partition.

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The criminal case is being leveraged in the partition dispute by the party of the first informant.

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The injury report which was drawn up at the S.R.N.

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Hospital records that the deceased suffered an injury after a brick fell on his head. The aforesaid injury report clearly contradicts the prosecution case.

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The cause of death as opined in the post mortem report is septicemia in the lungs. The septicemia was caused by infection and due to medical negligence. The cause of death is not relatable to the incident.

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The applicant is a law abiding citizen who cooperated in the investigation and has joined the trial proceedings. The applicant never tampered with the evidence nor did he influence any witness.

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The trial is moving at a snail's pace and and shows no sign of early conclusion. The applicant cannot be faulted for the delay in the trial.

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The first informant is deliberately delaying the trial only to prolong the incarceration of the applicant. He has not appeared in the trial proceedings despite issuance of nonbailable warrant.

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The applicant does not have any criminal history apart from this case.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Dharmendra Yadav Alias Puchchi be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023) .

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The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.

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Order Date :- 17.1.2025 Ashish Tripathi

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Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad

Dharmendra Yadav Alias Puchchi v. State of U.P.

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Dharmendra Yadav Alias Puchchi v. State of U.P.

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