Jitendra Yadav Alias Sunil Yadav v. State of U.P

Prosecution case is that the FIR of this incident was lodged by Ramayan Kharwar on 2.1.2020 regarding the death of his father Hawaldar Kharwar committed by two named accused Sanjay Pal and Rajendra Pal and one unknown person. It is submitted by learned counsel for the applicant that the applicant is innocent, he has been falsely implicated in the present case. It is next submitted that the name of the applicant was surfaced in the confessional statement of co-accused Shailendra Yadav. It is next submitted that co-accused Rajendra Pal, Shailendra Yadav and Ramanand Yadav have already been granted bail by the co-ordinate Bench of this Court vide orders dated 08.10.2020, 07.09.2020 and 11.11.2020 in Criminal Misc. Bail Application Nos. 22969 of 2020, 21938 of 2020 and 35514 of 2020 respectively. The applicant has no criminal history prior to present case. He is in jail since 18.04.2022. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for accused-applicant.

Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail. Let the applicant- Jitendra Yadav Alias Sunil Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:- (1) 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. (2) 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.

(3) The applicant will not tamper with the prosecution witnesses. (4) The applicant will not indulge in any illegal activities during the period of bail. (5) In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant. Order Date :- 15.7.2022 Noman (Vivek Chaudhary, J.) Reason: Location: High Court of Judicature at Allahabad