Lalwarti Yadav v. State of U.P

Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51457 of 2023 Applicant :- Lalwarti Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Srivastava,Pawan Kumar Patel 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.

¶2Learned counsel for the applicant submits that applicant is not named in the F.I.R., there is no direct evidence against the applicant and the applicant has been implicated in the case only on the basis that police distrusted his answer gave to the police when he was interrogated regarding his son, Akhilesh, he told them that his son has not come to his house for the last two months and he is living in Chhattisgarh, whereas when the police interrogated some neighbourers of applicant they informed them that his son, Akhilesh is residing with his father and he is driving a Pickup vehicle of his uncle. Learned counsel for the applicant further submits that on the information given by informer to the police that in the CCTV footage the person who was lastly seen with the deceased is Akhilesh, who is son of the applicant. Learned counsel for the applicant further submits that there is nothing on record to demonstrate the complicity of applicant in commission of alleged offence and no motive has been assigned to the applicant in commission of alleged offence. Learned counsel has next argued that main role has been assigned to the co-accused Akhilesh and that the role of applicant is distinguishable from the case of co-accused, Akhilesh. It is thus contended that the applicant is entitled for bail. 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 27.06.2023, having no criminal history.

¶3Per 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.

¶4After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence and considering that main role has been assigned to the co-accused, Akhilesh, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

¶5Let applicant-Lalwarti Yadav, involved in Case Crime No. 358 of 2023, under Sections 302, 364, 365, 201, 120-B I.P.C., Police Station Robertsganj, District Sonbhadra, be enlarged 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 will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if 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 I.P.C.

(v) The applicant 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 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 and the trial court may proceed against him under Section 229-A IPC.

(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

¶6The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail in accordance with law.

¶7The bail application is allowed. Order Date :- 7.12.2023 Mustaqeem. High Court of Judicature at Allahabad