2022 Supreme(Online)(All) 29704
ALLAHABAD HIGH COURT
RAJEEV MISRA
PRADEEP KUMAR YADAV – Appellant
Versus
State – Respondent
BAIL/50626/2021
Court No. - 66
1. Case :- CRIMINAL MISC. BAIL APPLICATION No. -
50626 of 2021
Applicant :- Pradeep Kumar Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Satyendra Narayan Singh,Sanjay
Singh
Counsel for Opposite Party :- G.A.
Alongwith
2. Case :- CRIMINAL MISC. BAIL APPLICATION No. -
26600 of 2018
Applicant :- Kamlesh Kumar Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Shiv Nath Singh,Mani Shanker
Pandey,Vivek Kumar Sharma
Counsel for Opposite Party :- G.A.,Dashrath Lal
3. Case :- CRIMINAL MISC. BAIL APPLICATION No. -
49129 of 2020
Applicant :- Awadesh Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Mani Shanker Pandey
Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Satyendra Narayan Singh, the learned counsel for
applicant, Pradeep Kumar Yadav, Mr. Mani Shanker Pandey, the
learned counsel for applicants, Kamlesh Kumar Yadav and
Awadesh Yadav, the learned AGA for State and Mr. Dashrath
Lal, the learned counsel for first informant.
2. These applications for bail have been filed by applicants,
Pradeep Kumar Yadav, Kamlesh Kumar Yadav and Awadesh
Yadav seeking their enlargement on bail in Case Crime No.55
of 2017, under Sections 147, 148, 149, 302 IPC, Police Station
Holagarh, District Allahabad, during the pendency of trial.
3. Perused the record.
4. Criminal Misc. Bail Application No.50626 of 2021 (Pradeep
Kumar Yadav Vs. State of U.P.) came up for orders on
24.02.2022 and this Court passed following order:-
"Heard Mr. Satyendra Narayan Singh learned counsel for applicant and
learned
A.G.A.
for
State.
Perused the record.
At the very outset, learned A.G.A. submits that following bail applications
filed by co-accused are already pending before this Court.
Criminal Misc. Bail Application No.29630 of 2017 (Sandeep Yadav Vs.
State of U.P.).
Criminal Misc. Bail Application No.41546 of 2017 (Dinesh Yadav And
Another Vs. State of U.P.).
Criminal Misc. Bail Application No.26600 of 2018 (Kamlesh Kumar
Yadav Vs. State of U.P.).
Criminal Misc. Bail Application No.15927 of 2020 (Dinesh Yadav And
Another Vs. State of U.P.).
Criminal Misc. Bail Application No.33711 of 2020 (Dinesh Yadav And
AnotherVs. State of U.P.).
Criminal Misc. Bail Application No.49129 of 2020 (Awadhesh Yadav Vs.
State of U.P.).
In view of above, connect aforementioned criminal misc. bail applications
along with this bail application.
Matter shall re-appear as fresh on 10.03.2022 along with connected
matters."
5. Pursuant to above order dated 24.02.2022 all the bail
applications mentioned above were connected and have now
been listed together. Since all the bail applications relate to the
same case crime number, they have been heard together and are
being disposed of finally, by a common order.
6. Record shows that in respect of an incident which is alleged
to have occurred on 14.03.2017 a prompt FIR dated 14.03.2017
was lodged by first informant, Kalawati and was registered as
Case Crime No.0055 of 2017, under Sections 147, 148, 149,
452, 302 IPC, Police Station Holagarh, District Allahabad. In
the aforesaid FIR six persons namely, Awadesh Yadav, Kamlesh
Yadav, Dinesh Yadav, Pradeep Yadav, Sandeep Yadav and
Ganesh Yadav have been nominated as named accused.
7. The gravamen of the allegations made in the aforesaid FIR is
to the effect that named accused, Awadesh and Kamlesh armed
with countrymade firearm, Dinesh, Pradeep and Ganesh armed
with danda and Sandeep armed with rambha (iron rod) with a
common object assaulted Ravi son of first informant and
committed his death. Thereafter they are alleged to have
assaulted Amar Singh, husband of the first informant leading to
his death.
8. After registration of aforementioned FIR, investigating
officer proceeded with statutory investigation of
aforementioned case crime number in terms of Chapter XII
CrPC.
9. Thereafter the inquest (panchayatnama) of the body of
decea