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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

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