High Court · 2025

for the applicant, Sri Anant Pratap Singh, the learned AGA for the State, Sri Mahendra Bahadur Singh, the learned counsel for the informant and perused the records.

2. All the aforesaid three applicants have been filed by the applicant seeking their release on bail in Case Crime No. 78 of 2022, under Sections 147, 148, 149, 302, 307, 504, 506, 34 IPC read with 7 CLA Act, P.S. Amethi, District Amethi.

3. The applicant of bail application No. 11491/2023 Akhilesh Kumar Yadav and the applicant of bail application no. 4234/2024 Brijesh Kumar Yadav alias Brijesh Yadav are sons of Ram Dular Yadav, the applicant in bail application No. 14806/2023. All of them are named as accused persons in the aforesaid case and, therefore, their bail applications are decided by this common order.

4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.03.2022 against seven named persons, including the applicants and some unknown persons, stating that while the informant's elder brother Hanuman Prasad was putting morang from a tractor trolley on his own land at about 06:30 p.m. on

15.03.2022, the applicants Ram Dular Yadav, Akhilesh Yadav and Brijesh Yadav along with Chhotu, son of Ram Dular Yadav, Nitin Tiwari s/o Rama Shankar Tiwari, Rama Shankar Tiwari s/o Beni Madhav Tiwari, Village Pradhan Smt. Asha Tiwari and some unknown persons, started assaulting the informant's brother Hanuman Prasad with sticks and iron bars. When he called for help, the informant's father Sankata Prasad, brother Amresh Yadav and mother Parvati alias Naika, bhabhi Dhanno Devi w/o Amresh and nephew Raj Kumar s/o Amresh, the applicant himself and his wife Anita ran to save him and the accused persons attacked all the aforesaid persons. Another bhabhi of the informant Savitri Devi w/o Hanuman Prasad also came to save them and she was also beaten up badly causing serious injuries to all the persons. The informant's father Sankata Prasad, mother Naika Devi and brother Hanuman Prasad and Amresh were brought dead upon reaching the hospital. Other persons were referred to Trauma Centre, Lucknow. After causing the aforesaid incident, the accused persons went ahead and assaulted the informant's another brother Ashok Kumar, who works at Minauli Railway Crossing. A terror was spread in the village and no person dared to come forward to save the victims.

5. In the affidavits filed in support of the bail applications, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history.

6. It has further been stated that the co-accused persons Asha Tiwari, Nitin Tiwari and Abhishek Kumar Yadav have already been granted bail by this Court and copies of their bail orders have been annexed as Annexure No. 15 to the affidavit filed in support of the bail application. Another co- accused person Rama Shankar Tiwari has been exonerated by the Investigating Officer and the closure report submitted by the Investigating Officer has been accepted by the trial court and he has been released from custody. Now only the three applicants are in jail.

7. The State has filed a counter affidavit opposing the bail applications and copies of statements recorded during investigation have been annexed therewith. The recovery memo states that a talwar used in cutting grass was recovered on the pointing out of the applicant Ram Dular Yadav and two iron bars were recovered on the pointing out of other two accused persons. The statements of several persons were recorded by the Investigating Officer and all of them have supported the FIR allegations.

8. A rejoinder affidavit has been filed in Bail Application No. 14806/2023 annexing therewith copies of statements of four prosecution witnesses recorded by the trial court.

9. The learned counsel for the informant stated that six prosecution witnesses have been examined till date.

10. The learned counsel for the applicants has submitted that the applicant Ram Dular Yadav is aged 63 years. The FIR as well as the statements of witnesses have assigned general role to all the accused persons and no specific role has been assigned to any of the accused persons. Three co-accused persons have already been granted bail and an another co-accused person has been exonerated. Therefore, the applicants are also entitled to be released o bail.

11. Per contra, the learned AGA and the learned counsel for the informant has vehemently opposed the bail applications and they have submitted that the applicants are guilty of giving effect to a heinous incident where four persons of a family were killed and several others were injured badly.

12. A perusal of the order dated 02.03.2023 passed by a coordinate Bench of this Court in Bail Application No. 5617/2022 granting bail to co-accused Asha Tiwari indicates that the Court has weighed various considerations while deciding the bail application, including the consideration that in the former investigation, the witnesses had alleged that Asha Tiwari had participated in maar-peet and she was stated to have given exhortation. A further investigation was conducted in which the complicity of Asha Tiwari was not found in the offence and she was exonerated. No incriminating article has been recovered either from or on the the pointing out of Asha Tiwari. The investigating agency has filed two reports- one under Section 173(2) Cr.P.C. and the other under Section 173(8) Cr.P.C., on the strength whereof it was submitted on behalf of the applicant Asha Tiwari that submission of two contradictory reports has made the prosecution case doubtful. Asha Tiwari was admittedly not connected with the property dispute between the parties which was the root cause of the incident.

13. Another co-accused Nitin Tiwari was granted bail by means of an order dated 13.07.2023 passed in bail application No. 12098/2022 on the sole consideration that initially a closure report had been filed in his favour.

14. Yet another co-accused person Abhishek Kumar Yadav has been granted bail by means of order dated

09.08.2023 passed by this Court in Bail Application No. 5639/2023 on this very consideration.

15. No closure report was filed in favour of any of the applicants. Therefore, the ground on which the aforesaid three co-accused persons have been granted bail, is not available to the applicants and they are not entitled to claim bail on the ground of parity.

16. The statements of four prosecution witnesses brought on record with the rejoinder affidavit indicate that all of them have supported the prosecution case and no major discrepancy could be pointed out in those statements by the learned counsel for the applicants.

17. Keeping in view the nature of allegations and the material brought on record up to this stage, without expressing any opinion which may effect the outcome of the trial, this Court is of the considered view that the aforesaid facts do not warrant exercise of discretion of this Court by enlarging the applicants on bail.

18. All the aforesaid three bail applications are accordingly rejected. . Order Date :- 18.4.2025 Pradeep/- [Subhash Vidyarthi, J.] PRADEEP SINGH PRADEEP SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

for the applicant, Sri Anant Pratap Singh, the learned AGA for the State, Sri Mahendra Bahadur Singh, the learned counsel for the informant and perused the records.

2. All the aforesaid three applicants have been filed by the applicant seeking their release on bail in Case Crime No. 78 of 2022, under Sections 147, 148, 149, 302, 307, 504, 506, 34 IPC read with 7 CLA Act, P.S. Amethi, District Amethi.

3. The applicant of bail application No. 11491/2023 Akhilesh Kumar Yadav and the applicant of bail application no. 4234/2024 Brijesh Kumar Yadav alias Brijesh Yadav are sons of Ram Dular Yadav, the applicant in bail application No. 14806/2023. All of them are named as accused persons in the aforesaid case and, therefore, their bail applications are decided by this common order.

4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.03.2022 against seven named persons, including the applicants and some unknown persons, stating that while the informant's elder brother Hanuman Prasad was putting morang from a tractor trolley on his own land at about 06:30 p.m. on

15.03.2022, the applicants Ram Dular Yadav, Akhilesh Yadav and Brijesh Yadav along with Chhotu, son of Ram Dular Yadav, Nitin Tiwari s/o Rama Shankar Tiwari, Rama Shankar Tiwari s/o Beni Madhav Tiwari, Village Pradhan Smt. Asha Tiwari and some unknown persons, started assaulting the informant's brother Hanuman Prasad with sticks and iron bars. When he called for help, the informant's father Sankata Prasad, brother Amresh Yadav and mother Parvati alias Naika, bhabhi Dhanno Devi w/o Amresh and nephew Raj Kumar s/o Amresh, the applicant himself and his wife Anita ran to save him and the accused persons attacked all the aforesaid persons. Another bhabhi of the informant Savitri Devi w/o Hanuman Prasad also came to save them and she was also beaten up badly causing serious injuries to all the persons. The informant's father Sankata Prasad, mother Naika Devi and brother Hanuman Prasad and Amresh were brought dead upon reaching the hospital. Other persons were referred to Trauma Centre, Lucknow. After causing the aforesaid incident, the accused persons went ahead and assaulted the informant's another brother Ashok Kumar, who works at Minauli Railway Crossing. A terror was spread in the village and no person dared to come forward to save the victims.

5. In the affidavits filed in support of the bail applications, it has been stated that the applicants are innocent, they have been falsely implicated in the present case and they have no criminal history.

6. It has further been stated that the co-accused persons Asha Tiwari, Nitin Tiwari and Abhishek Kumar Yadav have already been granted bail by this Court and copies of their bail orders have been annexed as Annexure No. 15 to the affidavit filed in support of the bail application. Another co- accused person Rama Shankar Tiwari has been exonerated by the Investigating Officer and the closure report submitted by the Investigating Officer has been accepted by the trial court and he has been released from custody. Now only the three applicants are in jail.

7. The State has filed a counter affidavit opposing the bail applications and copies of statements recorded during investigation have been annexed therewith. The recovery memo states that a talwar used in cutting grass was recovered on the pointing out of the applicant Ram Dular Yadav and two iron bars were recovered on the pointing out of other two accused persons. The statements of several persons were recorded by the Investigating Officer and all of them have supported the FIR allegations.

8. A rejoinder affidavit has been filed in Bail Application No. 14806/2023 annexing therewith copies of statements of four prosecution witnesses recorded by the trial court.

9. The learned counsel for the informant stated that six prosecution witnesses have been examined till date.

10. The learned counsel for the applicants has submitted that the applicant Ram Dular Yadav is aged 63 years. The FIR as well as the statements of witnesses have assigned general role to all the accused persons and no specific role has been assigned to any of the accused persons. Three co-accused persons have already been granted bail and an another co-accused person has been exonerated. Therefore, the applicants are also entitled to be released o bail.

11. Per contra, the learned AGA and the learned counsel for the informant has vehemently opposed the bail applications and they have submitted that the applicants are guilty of giving effect to a heinous incident where four persons of a family were killed and several others were injured badly.

12. A perusal of the order dated 02.03.2023 passed by a coordinate Bench of this Court in Bail Application No. 5617/2022 granting bail to co-accused Asha Tiwari indicates that the Court has weighed various considerations while deciding the bail application, including the consideration that in the former investigation, the witnesses had alleged that Asha Tiwari had participated in maar-peet and she was stated to have given exhortation. A further investigation was conducted in which the complicity of Asha Tiwari was not found in the offence and she was exonerated. No incriminating article has been recovered either from or on the the pointing out of Asha Tiwari. The investigating agency has filed two reports- one under Section 173(2) Cr.P.C. and the other under Section 173(8) Cr.P.C., on the strength whereof it was submitted on behalf of the applicant Asha Tiwari that submission of two contradictory reports has made the prosecution case doubtful. Asha Tiwari was admittedly not connected with the property dispute between the parties which was the root cause of the incident.

13. Another co-accused Nitin Tiwari was granted bail by means of an order dated 13.07.2023 passed in bail application No. 12098/2022 on the sole consideration that initially a closure report had been filed in his favour.

14. Yet another co-accused person Abhishek Kumar Yadav has been granted bail by means of order dated

09.08.2023 passed by this Court in Bail Application No. 5639/2023 on this very consideration.

15. No closure report was filed in favour of any of the applicants. Therefore, the ground on which the aforesaid three co-accused persons have been granted bail, is not available to the applicants and they are not entitled to claim bail on the ground of parity.

16. The statements of four prosecution witnesses brought on record with the rejoinder affidavit indicate that all of them have supported the prosecution case and no major discrepancy could be pointed out in those statements by the learned counsel for the applicants.

17. Keeping in view the nature of allegations and the material brought on record up to this stage, without expressing any opinion which may effect the outcome of the trial, this Court is of the considered view that the aforesaid facts do not warrant exercise of discretion of this Court by enlarging the applicants on bail.

18. All the aforesaid three bail applications are accordingly rejected. . Order Date :- 18.4.2025 Pradeep/- [Subhash Vidyarthi, J.] PRADEEP SINGH PRADEEP SINGH High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench