Satya Pal v. State of UP), decided on
Case Details
Neutral Citation No. - 2025:AHC:75908 Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3182 of 2025 Applicant :- Ajay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh, J. 1. It is a specially constituted Bench. 2. Heard Sri Kuldeep Singh Yadav, learned counsel for the applicant and Sri L.D. Rajbhar alongwith Sri R.P. Srivastava, learned AGA for the State. 3. This is the third bail application by the applicant Ajay Yadav seeking bail in Case Crime No.518 of 2019, under Se ctions 394, 302, 201, 120-B & 411 IPC, P.S.- Karhal, District- Mainpuri. The
Legal Reasoning
first and second bail applications were rejected by this Court on 15.12.2021 and 12.04.2024, respectively. 4. Submission of learned counsel for the applicant is, in the first place, the co-accused Satendra Yadav @ Satya Pal and Neeraj Yadav, who have been ascribed the exact similar role and who were arrested with the applicant from the stolen truck, have been granted bail by this Court in Criminal Misc. Bail Application No.8800 of 2021 (Satendra Yadav @ Satya Pal v. State of UP), decided on 25.07.2022 and Criminal Misc. Bail Application No.48142 of 2021 (Neeraj Yadav v. State of UP), vide order dated 30.01.2023. Those accused are participating at the trial. The appellant is also participating in the trial, however, he is in jail. The trial has continued for more than five years. At present, eight out of thirty six (36) listed witnesses of chargesheet have been examined. The trial may go for many years. However, no justification exists to continue the applicant in jail, any further, during pendency of the trial. Also, it has been emphasized that the evidence of witness of fact has been completed. 5. On query, learned counsel for the applicant states that the applicant has not sought recall of any witnesses of fact, rather the applicant and the other accused have been cooperating at the trial. 6. On the other hand, learned AGA would submit that the issue of parity have been dealt with by this Court while rejecting the second bail application filed by the present applicant vide order dated 12.04.2024. They have also brought on record compliance affidavit to indicate that despite opportunity granted, the applicant did not cross-examine PW-8, the Investigating Officer (IO). He tried to delay the proceedings. In such circumstances, the learned court below has closed the opportunity to cross-examine the I.O. (PW-8), vide order dated 24.02.2025. Thus, it has been submitted that no good ground exists to enlarge the applicant on bail, at this stage. 7. Having heard learned counsel for the parties and having perused the record, firstly, it is true that the parity claimed with Satendra @ Satya Pal and Neeraj Yadav was declined by earlier order dated 12.04.2024, at the same time, on query made, learned AGA would also admit that State has not sought cancellation of the bail granted to the co-accused Neeraj and Satendra. They also do not dispute that the role of the present applicant is exactly similar to that of the co-accused Neeraj and Satendra. Second, it may be noted that the ordersheet produced by the parties does not indicate that the applicant has offered any conduct at the trial as may itself dis- entitle him to bail, at this stage, when he may have remained confined for more than five years. Neither for reason of nature of cases disclosed in the criminal history, nor by reason of conduct at the instance of trial, the appellant may be blamed for the delay. Testimony of the fact witnesses has been completed. 8. On query, learned counsel for the applicant states that the applicant does not seek recall of any of the fact witness. Also, he assures that henceforth, the appellant would promptly avail the opportunity to cross-examine the remaining witnesses as and when that opportunity is made available to the applicant. 9. Accordingly, I find the applicant Ajay Yadav, has become entitled, at this stage, especially keeping in mind the facts that the State has not sought cancellation of bail granted to the co-accused Neeraj and Satendra @ Satya Pal, who have ascribed the exact same role and also keeping in mind the fact that applicant has remained confined for more than five years and there is no hope of early conclusion of the trial as more than 20 witnesses are remained to be examined. 10. Accordingly, the application is allowed. The applicant- Ajay Yadav involved in Case Crime No.518 of 2019, under Sections 394, 302, 201, 120-B, 411 IPC, Police Station- Karhal, District- Mainpuri, shall be released on bail during pendency of the trial, on his furnishing a personal bond of Rs.50,000/- (Fifty Thousands only) with two sureties of the like amount to the satisfaction of the learned court below on the following conditions: (i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. (ii) The applicant will not tamper with the witnesses. (iii) The applicant will not indulge in any illegal activities during the bail period. (iv) The applicant shall not leave India without the previous permission of the Court. (v) The applicant will not seek adjournment to cross-examine the witnesses. (vi) The learned court below shall also ensure that evidence of remaining witnesses is recorded expeditiously. Only reasonable opportunity of hearing may be granted to the defence to cross- examine the witnesses i.e. to the extent such opportunity is necessary. In that, it may also be ensured that not more than one adjournment may be granted to the defence with respect to cross- examination of such witnesses, unless it is wholly necessary for reasons unforeseen or emergent or of like nature. If repeated adjournments are sought, the learned court below will remain vigilant of its power to ensure prompt conclusion of the trial. (vii) In default of any of the conditions mentioned above, the trial court will be at liberty to cancel the bail granted to the applicant. Order Date :- 9.5.2025 P Kesari Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad