Allahabad High Court
Shyam Yadav vs State Of U.P. on 9 May, 2025
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD Neutral Citation No. - 2025:AHC:75471 Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6978 of 2025 Applicant :- Shyam Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Atharva Dixit,Rakesh Kumar Mishra Counsel for Opposite Party :- Vishveshwar Mani Tripathi,G.A. Hon'ble Samit Gopal,J.
1. List revised.
2. Heard Sri Atharva Dixit, learned counsel for the applicant, Sri Surendra Mohan Mishra, Advocate holding brief of Sri Vishveshwar Mani Tripathi, learned counsel for the first informant and Sri Ajay Singh, learned AGA-I for the State and perused the material on record.
3. This bail application under Section 483 of B.N.S.S. has been filed by the applicant Shyam Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 414 of 2023, under Sections 147, 148, 149, 34, 323, 427, 352, 452, 504, 307, 302 I.P.C. and Section 7 Criminal Law Amendment Act, registered at Police Station Rudrapur, District Deoria.
4. The FIR of the matter was lodged on 02.10.2023 by Ms. Sobhita Dwivedi against the applicant and 26 other persons along with 50 unknown persons alleging therein that her chacha Gyan Prakash Dubey was kidnapped in the year 2014 by Prem Prakash Yadav and all his land was forcibly got transferred in the name of Prem Prakash Yadav regarding which her father came to know of it and a case was filed in Court which is still pending and the next date fixed therein which was 04.10.2023. Due to the said enmity on 02.10.2023 at about 07:30 am all the accused persons armed with lathi, danda and firearms while abusing entered in her house on which her father closed the door and then they while breaking the door entered inside and assaulted her father Satya Prakash Dubey, mother Smt. Kiran Devi, brother Deepesh @ Gandhi, sisters Shaloni and Swejal @ Nandini who died on the spot and her younger brother Prajesh @ Anmol received serious injuries who is under going treatment. She has come to give information about the incident. In the incident, Pradeep Rajbhar, Parshuram Rajbhar and Bechu Rajbhar had also participated and firing was also done in it. Report be lodged and action be taken.
5. Learned counsel for the applicant submitted that although the applicant is named in the FIR but common and general role has been assigned to the applicant and 26 other named persons along with about 50 unknown persons. It is submitted that the present case has a cross version also regarding which a First Information Report was lodged on 03.10.2023 as Case Crime No. 0415 of 2023, under Sections 147, 148, 149, 34, 302, 504 I.P.C., P.S. Rudrapur, District Deoria by Aniruddha Yadav against Satya Prakash Dubey, Kiran Dubey, Saloni Dubey, Nandini Dubey and Gandhi Dubey in which Prem Chandra Yadav received injuries and died, copy of the said FIR has been placed before the Court which is annexure 26 to the affidavit. It is submitted that as such there are cross cases and both the sides have lost lives and one person from the side of the applicant has died. It is submitted that there is no recovery of any incriminating material from the possession of the applicant, para 60 of the affidavit has been placed before the Court. It is submitted that charge sheet in the matter has been submitted after conclusion of investigation and thus there are no chances of the applicant tampering with evidence, copy of the charge sheet has been placed before the Court which is annexure 25 of the affidavit. It is submitted that all the five accused in the cross case are the deceased of the present matter, the investigation of the same is still pending. It is further submitted that co-accused have been granted bail, the details of which are as under:
Serial No. Co-accused Name Bail Application Numbers & party name Order dated
i).
Paramhans Yadav Crl. Misc. Bail Application No. 9041 of 2025 (Paramhans Yadv Vs. State of U.P.).
18.03.2025.
ii).
Kush Yadav Crl. Misc. Bail Application No. 40285 of 2024 (Kush Yadav Vs. State of U.P.).
22.01.2025.
iii).
Pawan Tiwari Crl. Misc. Bail Application No. 15658 of 2024 (Pawan Tiwari Vs. State of U.P.).
09.12.2024.
iv).
Sudama Pal Crl. Misc. Bail Application No. 40493 of 2024 (Sudama Pal Vs. State of U.P.).
28.11.2024.
v).
Fulgena Crl. Misc. Bail Application No. 39735 of 2024 (Fulgena Vs. State of U.P.).
26.11.2024.
vi).
Raghuveer Pal Crl. Misc. Bail Application No. 39881 of 2024 ( Vs. State of U.P.).
26.11.2024.
vii).
Diwakar Tiwari Crl. Misc. Bail Application No. 31633 of 2024 ( Vs. State of U.P.).
26.09.2024.
viii).
Parshuram Rajbhar & Pradeep Rajbhar Crl. Misc. Bail Application No. 29994 of 2024 (Parshuram Rajbhar and another Vs. State of U.P.). 25.09.2024.
ix).
Sugreev Pal Crl. Misc. Bail Application No. 32308 of 2024 (Sugreev Vs. State of U.P.).
25.09.2024.
x).
Ramayan Pal Crl. Misc. Bail Application No. 32331 of 2024 (Ramayan Pal Vs. State of U.P.).
25.09.2024.
xi).
Bechu Rajbhar Crl. Misc. Bail Application No. 27900 of 2024 (Bechu Rajbhar Vs. State of U.P.).
13.08.2024.
xii).
Durgesh Yadav Crl. Misc. Bail Application No. 2743 of 2025 (Durgesh Yadav Vs. State of U.P.).
01.04.2025.
xiii).
Gorakh Yadav Crl. Misc. Bail Application No. 2310 of 2025 (Gorakh Yadav Vs. State of U.P.).
16.04.2025.
6. The copy of the said orders are annexed as annexure No. 1 collectively to the rejoinder affidavit dated 24.04.2025. It is submitted that the applicant has no criminal history as stated in para 62 of the affidavit and is in jail since 03.10.2023.
7. Per contra, learned counsel for the first informant and learned counsel for the State opposed the prayer for bail but could not dispute the fact that the co-accused persons have been granted bail and general and omnibus allegations have been levelled against all accused persons.
8. After having heard learned counsels for the parties and perusing the records, it is evident that the FIR has been lodged against the applicant and 26 named persons along with about 50 unknown persons with common and general allegations. One person from the side of the applicant has died of which an FIR has also been lodged. Co-accused Paramhans Yadav, Kush Yadav, Pawan Tiwari, Sudama Pal, Fulgena, Raghuveer Pal, Diwakar Tiwari, Parshuram Rajbhar, Sugreev Pal, Ramayan Pal, Bechu Rajbhar, Durgesh Yadav and Gorakh Yadav have been granted bail.
9. Looking to 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, this Court is of the view that the applicant may be enlarged on bail.
10. Let the applicant Shyam Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
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.
11. The 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 and send the applicant to prison.
12. The bail application is allowed.
13. Pending application(s), if any, shall stand disposed of.
Order Date :- 9.5.2025 M. ARIF (Samit Gopal, J.)