Yogendra Yadav v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49524 of 2023 Applicant :- Yogendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶2There is an allegation in the FIR that on 30/31.07.2023 informant's brother aged about 25 years was sleeping besides the road on a cot when he was burned to death. The village pradhan, Lal Bachan, was trying to install the water tank on the land of her brother which he was not agreeing, hence, he was burned to death.

¶3Learned counsel for the applicant submits that applicant was not named in the FIR. He further submits that the name of the applicant surfaced into the statement of the informant and that on the pointing out of applicant a danda was recovered, when in fact, no such recovery as alleged has been made on the pointing of the applicant. The informant was also not the eye-witness of the incident and that the applicant has been implicated only on the basis of suspicion. Nothing incriminating was recovered from him. Learned counsel next argued that the instant case is a circumstantial evidence. It is thus argued that the applicant is innocent and he has been falsely implicated in the present case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 03.08.2023 having no criminal history. Learned counsel has lastly argued that the similarly situated co-accused persons namely, Panney Lal Yadav, Mahendra Yadav, Ramjeet Yadav have already been enlarged on bail by co-ordinate Benches of this Court vide order dated 01.11.2023, 23.11.2023 and

23.11.2023 passed in Criminal Misc. Bail Application Nos. 42236 of 2023, 48004 of 2023, 48051 of 2023 respectively, copy of the bail order of Panney Lal Yadav is annexed as Annexure-10 to the affidavit accompanying the bail application whereas, the bail orders of Mahendra Yadav and Ramjeet Yadav have been produced before this Court and are taken on record.

¶4Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.

¶5Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail. Hence the bail application is allowed.

¶6Let applicant Yogendra Yadav involved in Case Crime No.355 of 2023 under Sections 302, 201, 120-B, 34 I.P.C., Police Station Chauri Chaura, District Gorakhpur, be released on bail on furnishing a personal bond and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:- I. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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. II. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. III. In case, the applicant misuses the liberty of bail 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. IV. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶7Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 6.12.2023 S.Ali High Court of Judicature at Allahabad