Allahabad High Court
Makhan Yadav @ Virendra Yadav vs State Of U.P. on 13 August, 2019
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32733 of 2019 Applicant :- Makhan Yadav @ Virendra Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Rama Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri Prashant Kumar, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant ?Makhan Yadav @ Virendra Yadav with a prayer to enlarge him on bail in Case Crime No.404 of 2017, under Sections 147, 148, 149, 307, 323, 504, 506, 325, 308 I.P.C. and 7 Criminal Law Amendment Act, Police Station Chandauli, District Chandauli.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per prosecution case the F.I.R. was lodged against 12 named and 10-12 unknown persons alleging that they assaulted the injured Pramod Kumar Singh, Abhinandan, Arvind Kumar Singh, Abhishek Kumar Singh, Pappu Singh and Nitesh Kumar Singh by lathi - danda and they have received injuries; except on head injury of injured Arvind all other injuries are simple in nature. There is no independent witness against the applicant; except one injury all other injuries of the injured are simple in nature, not dangerous to life; general role has been assigned against all the accused persons; no offence under Section 307 I.P.C. is made out against the applicant. Co-accused Godhan Yadav @ Bodhan and Bullu Yadav @ Virendra Yadav, having identical role, have already been granted bail by this Court vide orders dated 01.02.2018 and 06.08.2019 passed in Crl. Misc. Bail Application Nos.3646 of 2018 and 31755 of 2019 respectively. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and the applicant is languishing in jail since 18.07.2019. Accordingly, he requests for bail.
Per contra, learned A.G.A. for the State has opposed the bail prayer 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 again indulge in similar activities and will misuse the liberty of bail.
Considering the material/evidence brought on record, the submissions made by learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two 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 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.
(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 during trial 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 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.
Order Date :- 13.8.2019 Anand Sri./-