Court No. - 51

Case :- CRIMINAL APPEAL No. - 3658 of 2017

Appellant :- Subhash Yadav

Respondent :- State Of U.P.

Counsel for Appellant :- Anil Kumar Pandey,Manish Kumar Pandey

Counsel for Respondent :- G.A.,Gyanendra Kumar Singh

Hon'ble Vipin Sinha,J.

Hon'ble Akhilesh Chandra Sharma,J.

Criminal Misc. Bail Application No.215484 of 2017.

Applicant Subhash Yadav seeks bail in ST No.162 of 2013 arising out of

case crime no.92 of 2013 u/s 302/34, 307/34, 506 I.P.C. and S.T. No.163

of 2013, arising out of case crime no.101 of 2013, u/s 3/25 Arms Act, P.S.

Haldharpur, District Mau, during pendency of the appeal.

Heard Shri K.K. Chaurasia, learned senior counsel for the appellant, Shri

R.K. Singh assisted by Shri Gyanendra Kumar Singh, for complainant and

Shri Sanjay Tripathi, learned AGA appearing for the State.

The contention of Shri K.K. Chaurasia, learned senior advocate is that

even if the entire prosecution story is believed to be true the role assigned

to the appellant is actually to the effect of exhortation and causing injury

to the injured and no role has been assigned to the appellant for causing

injury to the deceased. The criminal history of 18 cases have been

explained in the rejoinder affidavit in paragraph no.5. The explanation is

being given as quoted herein below:

"That, the contents of paragraph No.4 of the counter affidavit are denied

as stated being misconceived. In reply thereto it is submitted that

appellant has only 18 previous criminal history, in which four cases he

has been acquitted, in other four cases proceedings are ended and in two

other cases final report have been submitted and also in other remaining

criminal cases appellant is on bail.

In reply of given criminal table in counter affidavit is explained as below:-

i) Case Crime No.265/1998 under section 323, 307 I.P.C., Police Station-

Haldharpur, District Mau (Applicant is acquitted)

ii) Case Crime No.217/1990 under section 383 I.P.C., Police Station-

Rasara, District Ballia (Trial is pending, applicant is on bail).

iii) Case Crime No.158/1991 under section 396, 412 I.P.C., Police

Station-Nagara, District-Ballia (Applicant is acquitted)

iv) That at serial nos. 4 and 5 given in table of criminal history in the

counter affidavit are arising out of Case Crime No.87/1994 under section

323, 504, 506 I.P.C. and 3(1)X SC/ST Act, Police Station-Nagara,

District-Ballia (Applicant is on bail).

v) Case Crime No.189/1998 under section 147, 148, 323, 504, 506, 307

I.P.C., Police Station-Haldharpur, District Mau (Trial is pending,

applicant is on bail).

vi) Case Crime No.289/1998 under section 3(1) U.P. Gunda Act, Police

Station-Haldharpur, District Mau (Proceedings ended)

vii) Case Crime No.183/1999 under section 352, 504, 506 I.P.C., Police

Station-Haldharpur, District Mau (Final Report has been submitted).

viii) Case Crime No.7/2000 under section 384, 409 I.P.C., Police Station-

Haldharpur, District Mau (stay order has been granted by Hon'ble High

Court Allahabad).

ix) Case Crime No.192/2000 under section 302 I.P.C., Police Station-

Haldharpur, District Mau (Applicant has been acquitted vide judgment

and order dated 07.04.2012).

x) Case Crime No.270/2000 under section 3(1) U.P. Gunda Act, Police

Station-Haldharpur, District Mau (Proceeding ended).

xi) Case Crime No.428/2001 under section 307 I.P.C., Police Station-

Haldharpur, District Mau (Applicant has been acquitted vide judgment

and order dated 14.12.2005).

xii) Case Crime No.23/2002 under section 2/3(1) U.P. Gangster Act,

Police Station-Haldharpur, District Mau (Trial is pending, applicant is on

bail).

xiii) Case Crime No.185/2002 110 Gangsters Act, Police Station-

Haldharpur, District Mau (Proceedings ended).

xiv) Case Crime No.100/2003 110 Gangsters Act, Police Station-

Haldharpur, District Mau (Proceedings ended).

xv) Case Crime No.03/2006 under section 307, 452, 427, 504, 506 I.P.C.,

Police Station-Haldharpur, District M