Allahabad High Court
Case Details
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 25234 of 2025 Vinod Yadav State of U.P. Versus .....Applicant(s) .....Opposite Party(s) Counsel for Applicant(s) Counsel for Opposite Party(s) : : Bindu Kumari G.A. Court No. - 64 1. List revised. HON'BLE SAMIT GOPAL, J.
Legal Reasoning
2. Heard Ms. Bindu Kumari, learned counsel for the applicant, Sri Bade Lal Bind, learned counsel 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 Vinod Yadav, seeking enlargement on bail during trial in connection with Case Crime No. 52 of 2025, under Sections 105, 115(2), 3(5), 352 BNS, registered at Police Station Karma, District Sonbhadra. 4. The FIR of the matter was lodged on 30.04.2025 by Bal Kishun against the applicant, Shiv Shankar Yadav and Ram Dular alleging therein that on 29.04.2025 his son Vikas Yadav aged about 20 years along with his friend Rakesh had gone to attend a wedding where Dileep, Golu, Rakesh and Neeraj had also gone. From the bridal side, Shiv Shankar Yadav (father of the girl), Vinod the present applicant and Ram Dular had some quarrel with him with regard to chair after which the said quarrel escalated and then someone assaulted his son with pointed weapon. His son then was oozing blood and then he was taken to the hospital wherein during treatment he died. Report be lodged and action be taken. 5. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted while placing para 13 of the affidavit that there is no incriminating material recovered either from the possession or pointing out of the applicant. It is submitted that on the own showing in the FIR and as per the prosecution case, the present incident is an incident of sudden quarrel which escalated in a wedding due to some sitting arrangement of chairs. It is submitted that the present incident occurred without any premeditation. During quarrel someone assaulted the deceased. It is submitted that subsequently during investigation some of the alleged eye witnesses have stated that during quarrel, the deceased assaulted Vinod the applicant with a bracelet which 2 BAIL No. 25234 of 2025 was wearing in hand on his head due to which he received injury and then he with a knife which was kept at the stall assaulted the deceased. It is submitted that even the same goes to show that the present case is a case of sudden fight without any premeditation. It is submitted that the postmortem examination of the deceased shows that the deceased received a contused swelling on the right forehead, an abrasion on the right forehead and an incised penetrating wound on the right upper abdomen but the cause of death was the injury no.3 which had some internal damages whereas the other two injuries did not contribute to his death and the cause of death was opined as shock and hemorrhage due to antemortem injury. It is submitted that the applicant has no criminal history as stated in para 21 of the affidavit and is in jail since 02.05.2025. 6. Per contra, learned counsel for the State opposed the prayer for bail and submitted that the applicant assaulted the deceased with a knife and the postmortem examination corroborates with the prosecution story. It is submitted that as such the prayer for bail be rejected. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicant had no motive to commit the aforesaid offence. The present incident occurred due to sudden fight which escalated and then single blow was given by the applicant on the deceased. The present incident occurred without any premeditation. 8. 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. 9. Let the applicant Vinod 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 3 BAIL No. 25234 of 2025 whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 BNSS, 2023 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 209 BNS, 2023. (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 351 BNSS, 2023. 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 269 BNS, 2023. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 10. 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. 11. The bail application is allowed.
Decision
12. Pending application(s), if any, shall stand disposed of. September 25, 2025 M. ARIF (Samit Gopal,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad