Allahabad High Court
Dhananjay Yadav vs State Of U.P. on 4 February, 2020
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3878 of 2020 Applicant :- Dhananjay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
Heard D.P. Yadav, learned counsel for the applicant, learned A.G.A. and perused the material on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Dhananjay Yadav seeking enlargement on bail during trial in connection with Case Crime No. 298 of 2018, under Sections 147, 148, 149, 302, 352 and 120B I.P.C., registered at P.S. Haldharpur, District Mau.
According to the first information report, nine persons including the applicant along with one unknown person have been made accused in the incident which has taken place on 30.11.2018 at about 8:00 A.M. It is further mentioned in the FIR that co-accused Rameshwar fired upon Sandeep as a result of which he died. Smt. Balmati is alleged to have received injuries.
Learned counsel for the applicant argued that the role of firing on Sandeep has been assigned to co-accused Rameshwar. Sandeep has received one gun shot injury on the chest and a lacerated wound on the head. He further argued that there is no recovery of any incriminating material from the possession or pointing out of the applicant. He next argued that similarly placed co-accused Kedar Yadav has already been granted bail by another Bench of this Court vide order dated 29.3.2019 passed in Crl. Misc. Bail Application No. 12863 of 2019. Lastly, he argued that the applicant is in jail since 4.12.2018 and has no criminal antecedents to his credit, therefore, he be released on bail.
Per contra, learned AGA opposes the bail but could not dispute the arguments as advanced by the learned counsel for the applicant.
Considering the totality of the case in particular, nature of evidence available on record and further considering the fact that similarly placed co-accused has already been granted bail by this Court, without further any comments on merit, I am inclined to release the applicant on bail.
Let the applicant Dhananjay 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.
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.
The bail application is allowed.
Order Date :- 4.2.2020 AKK (Samit Gopal,J.)