Gaurav Yadav @ Gauraiya and 2 Others v. State of U.P

Court No. - 76 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47491 of 2023 Applicant :- Gaurav Yadav @ Gauraiya And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Yadav Counsel for Opposite Party :- G.A.,Vijay Tripathi Hon'ble Vikram D. Chauhan,J.

¶1Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

¶2Heard learned counsel for the applicants, Sri Vijay Tripathi, learned counsel for the informant, learned A.G.A. for the State and perused the record.

¶3It is submitted by learned counsel for the applicants that present case is a cross case. An FIR was lodged under Section 302 IPC against the informant side for committing murder of the brother of Sunil Kumar, informant in that case. The informant was also accused in the case lodged by the applicant side. It is submitted that co-accused Rohit has already been enlarged on bail by this Court by order dated 3.10.2023 passed in Criminal Misc. Bail Application No. 40194 of 2023 and the applicants claim parity. The applicants have no previous criminal history. Applicant nos.1 and 2 are languishing in jail since 18.9.2023 and applicant no.3 is languishing in jail since

13.9.2023 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.

¶4Learned counsel for the informant and learned A.G.A. for the State does not dispute the parity.

¶5Learned AGA for the State has not brought any fact or circumstances to indicate criminal history or antecedents of the applicants which would disentitle the applicants for Bail.

¶6It is not the case of the State that there is a possibility of interdicting fair trial by the accused-applicant if released on bail. No material has been shown that the Applicants are of such character that their mere presence at large would intimidate the witnesses or there is any material to show that applicant will use his liberty to subvert justice or tamper with the evidence.

¶7The object of the bail is to secure the attendance of the accused, the detention of the accused pending trial cannot be punitive in nature as there is presumption of innocence in favour of the accused person. Learned A.G.A. has not brought any facts and circumstances to demonstrate that the character of the accused-applicant (s) is such that his mere presence at large would intimidate the witness.

¶8Learned A.G.A. has not placed any reasonable apprehension of the witnesses being tampered with, the larger interest of the public/State will be at peril in case the Applicants are released on bail.

¶9It is not the case of the State that the applicants havve been convicted for any offence on previous occasion.

¶10No material has been placed by the opposite party that the Applicants in the past have attempted to evade the process of law. Further, no material facts and circumstances have been placed to show that it is not in public interest or interest of society at large to release the applicants on bail.

¶11No material has been shown to suggest that the applicants are at flight risk, has chance of repeating the offence, or intimidating the witness if enlarged on bail.

¶12Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties 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.

¶13Let the applicants Gaurav Yadav @ Gauraiya, Ankush and Ram Naresh involved in Case Crime No.219 of 2023, under Sections 147, 148, 149, 352, 323, 504, 506, 324, 307 and 34 IPC, Police Station Tundla, District Firzabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicants will not tamper with the evidence during the trial. ii. The applicants will not pressurize/intimidate the prosecution witness. iii. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicants shall make themselves available for interrogation by a police officer as and when required. iv. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected. v. The applicants 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. vi. The applicants shall not leave India without the previous permission of the Court. vii. In the event, the applicants changes residential address, the applicant shall inform the court concerned about new residential address in writing.

¶14In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 30.11.2023 D. Tamang High Court of Judicature at Allahabad