Umashankar Yadav And Others vs State Of Uttar Pradesh

Heard Sri Dhirendra Kumar Srivastava, learned counsel for appellant no.5, Satya Narayan Yadav, Sri Ashok Kumar Maurya, learned counsel for the first informant and the learned A.G.A.

This is a IIIrd Bail Application moved by the appellant after rejection of Criminal Misc. Ist Bail Application No. 360846 of 2015 vide order dated 14.01.2016 and Criminal Misc. IInd Bail Application No.260806 of 2016 vide order 19.05.2017.

Learned counsel for the appellants contends that the appellant has been falsely implicated and as per averments made in the First Information Report and the statement of the first informant, appellant no.5/applicant herein, Satya Narayan Yadav, has been assigned with the role of standing at the main gate with spear in his hand along with Rajesh Gupta, who was also assigned with spear and allegedly remained standing outside the gate; that the applicant has not been assigned with the role of causing any injury to deceased Pashupati Nath Mishra or to any of the injured Anil Kumar Mishra or Krishna Kant Mishra; that co-accused Rajesh Gupta has been granted bail by this Court vide order dated 07.12.2018 passed in Criminal Misc. Bail Application No. 4 of 2018 in this Criminal Appeal No.4494 of 2015; that applicant is also entitled to bail on the ground of parity; that applicant is in custody since 29.09.2015.

Learned counsel for the first informant and the learned A.G.A.vehemently opposed the prayer of bail but did not dispute that the case of the applicant is identical to that of Rajesh Gupta and no injury is alleged to have been caused by applicant with spear in his hand.

Upon hearing counsel and perusal of record and considering unlikelihood of early hearing of appeal, complicity of convicted appellant and sentence, grant of bail to co-accused-appellant as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, we find it a fit case for grant of bail to applicant Satya Narayan Yadav during pendency of the appeal.

Let the applicant Staya Narayan Yadav be released on bail in Sessions Trial No. 101 of 2006, Case Crime No. 27 of 2005, under Sections 148, 302/149, 307/149, 323/149, 336/149, 452, 504, 506(2) I.P.C. and Section 7 of the Criminal Law Amendment Act, 1932 , P.S. Haldi, District Ballia on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of trial Judge concerned and subject to deposit of entire amount of fine imposed on him and undertaking that he will cooperate with the hearing of the appeal.

As soon as personal and surety bonds are furnished, photocopies of the same are directed to be transmitted to this Court forthwith by trial Judge concerned to be kept on the record of this appeal.