Amarjeet Yadav v. State of U.P

Reserved on 31.10.2023 Delivered on 08.11.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37879 of 2023 Applicant :- Amarjeet Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra,Saurabh Pandey Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma,Kamlesh Kumar Bharti,Renu Swarnkar,Satya Prakash Shukla,Utkarsh Birla Hon'ble Siddharth,J. Heard Shri Raghuvansh Misra and Sri Saurabh Pandey, learned counsel for the applicant; Shri Utkarsh Birla, learned counsel for the informant and Shri C. L. Singh, learned A.G.A-1 for the State. There is allegation in the first information that today i.e.

05.03.2023 at 4.00 p.m., son of the informant, Anurag Pal, aged about 9 years had gone on by-cycle. He was abducted by co-accused namely, Indrajeet Yadav, Amarjeet Yadav and Rajesh Yadav who belong to the same village. Son the informant did not raised any alarm. The son of the neighbour, Kishan Pal, aged about 10 years, had seen the abducted son of the applicant in a car. Co-accused, Rajesh Yadav, had earlier also quarrelled with him and had threatened that he will kidnap his son and informant had also given complaint in this regard to the police earlier. Subsequently dead body of son of the informant was recovered from a pond in adjoining of District-Sonebhadra in District Mirzapur. Learned counsel for the applicant submits that applicant is although one of the named accused who has been generally implicated along with two other co-accused, namely, Rajesh Kumar Yadav and Indrajeet Yadav. He has submitted that co-accused, Rajesh Kumar Yadav, who was similarly implicated like the applicant has been enlarged on bail vide Crl. Misc. Bail Application No.37954 of 2023. He has further submitted that number of co-accused have already been enlarged on bail in this case and lastly Ganesh Pratap Singh has been enlarged on bail in Crl. Misc. Bail Application No.45078 of 2023 by co-ordinate bench of this court. Applicant is in jail since 16.03.2023 and has no criminal history. He has been implicated only on the basis of suspicion. Learned counsel for the informant has vehemently opposed the bail application and has submitted that trial has commenced. PW-1 has already been examined before the trial court. The incident has been committed after pre-planning and on account of enmity regarding land. He has further submitted that the trial will conclude soon and therefore, there is no justification to enlarge the applicant on bail. After hearing rival contention of the parties, this court finds that applicant was generally implicated along with three co-accused. One of them, Rajesh Kumar Yadav, has been enlarged on bail. The trial has although commenced but it will take time to conclude. This is first implication of the applicant. There is no definite evidence against the applicant at this stage. Number of other named co-accused have already been enlarged on bail by this bench and other different coordinate benches. Learned AGA has opposed the prayer for bail but could not dispute the above submissions. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the 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 trial; larger mandate of the 2 of 4 Article 21 of the Constitution of India and recent judgment dated

11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Amarjeet Yadav, involved in Case Crime No.42 of 2023, under Sections 302, 201, 364, 120B, 34 I.P.C, Police Station Ghorawal, District-Sonbhadra 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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

(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.

(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.

(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. 3 of 4

(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 proceed against him in accordance with law. In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. The trial court is directed to conclude the trial against the applicant as expeditiously as possible, preferable within a period of one year. Registrar (compliance) is directed to communicate this order to the trial court concerned within ten days. Order Date :- -08.11.2023 SS 4 of 4 High Court of Judicature at Allahabad