Sudama vs State of U.P.

Hon''ble S.C. Agarwal, J.—Counter affidavits filed on behalf of the learned AGA in Criminal Misc. Bail Application Nos. 10476 of 2011 and 12523 of 2011 are taken on record. These three bail applications have been moved on behalf of applicants Sudama, Ravindra and Lalji Yadav involved in case crime no. 2570 of 2010, under Sections 302, 394 IPC, P.S. Kotwali, District- Maharajganj.

Since these three bail applications pertain to the same crime number, as such they are disposed of by a common order.

Heard Sri P.C. Srivastava on behalf of the applicant-Sudama, Sri R.B. Yadav on behalf of the applicant-Ravindra, Sri Permeshwar Yadav on behalf of the applicant-Lalji, learned AGA for the State and perused the material available on record.

Learned counsel for the applicants submitted that according to FIR, the deceased was taken from his house by co-accused Chandrabhan on 28.12.2010 at 10 a.m.. Next day on 29.12.2010 at 6 a.m., the complainant received information that her husband was lying injured in village-Pipra Rasoolpur. The first informant accompanied by her Jeth and Dewar and co-villagers, went to the spot and found her husband grievously injured. Her husband told her that Chandrabhan, Lalji, Sushma Yadav and Babu Sahab had caused injuries to him by axe.

Learned counsel for the applicants further submitted that autopsy was performed on 29.12.2010 at 4.20 p.m. and the time of death was found to be about one day. The contention is that the death was caused on 28.12.2010. The death could have caused on 28.12.2010 and could not have been caused on 29.12.2010 and, therefore, the story that on 29.12.2010 at 6 a.m., the deceased disclosed the name of the assailants to the first informant and the witnesses is unbelievable.

Learned AGA opposed the prayer for bail and submitted that the deceased himself told the names of the assailants to the first informant. At this stage, the eye witness account cannot be discarded on the basis of post mortem report.

According to the prosecution, death was caused on 29.12.2010 after 6 a.m. Autopsy was done on the same day at 4.20 p.m. and the time of death was one day. Therefore, possibility of dying declaration of the victim on 29.12.2010 is almost ruled out. Most probably the deceased died one day earlier i.e. on 28.12.2010.

In these circumstances, there are sufficient grounds for bail. Let the applicants Sudama, Ravindar and Lalji Yadav involved in aforesaid case crime number be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

(a) The applicants shall attend the court according to the conditions of the bond executed by them;

(b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.