Jai Hind Yadav and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42885 of 2023 Applicant :- Jai Hind Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Upadhyay Counsel for Opposite Party :- G.A.,Bhupesh Kumar Singh Hon'ble Krishan Pahal,J.

¶1List has been revised. Learned counsel for the informant is not present.

¶2Heard Sri Rakesh Kumar Upadhyay, learned counsel for the applicants, Sri Anil Kumar Mishra, learned A.G.A. for the State and perused the material placed on record.

¶3Applicants seek bail in Case Crime No.226 of 2023, under Sections 307, 323, 325, 352, 504, 506 I.P.C., Police Station-Rampur Karkhana, District-Deoria, during the pendency of trial.

¶4As per prosecution story, on the exhortation of co-accused person Brijesh Yadav, the applicants and three other co-accused persons including Brijesh Yadav are stated to have assaulted the family members of the informant, whereby causing grievous injuries to Akhilesh Singh.

¶5Learned counsel for the applicants has argued that they are absolutely innocent and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize them. The injuries are not grievous in nature, although non displaced fracture is observed in the CT-Scan. There are general allegations against all the accused persons. No particular role has been assigned to the applicants. Learned counsel has further stated that the FIR is delayed by about four days which has not been explained.

¶6Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. It is further stated that there is no criminal history of the applicants. The applicants are languishing in jail since 14.7.2023. In case, the applicants are released on bail, they will not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

¶9Let the applicants-Jai Hind Yadav and Abhishek Yadav, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with evidence.

(ii) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants 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 them in accordance with law.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. Order Date :- 17.11.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad