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Allahabad High Court grants bail to man accused of killing another in celebratory firing

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The Allahabad High Court last week granted conditional bail to Shravan Yadav alias Vicky, an accused in the death of a person during celebratory firing.

A Single-Judge Bench of Justice Samit Gopal passed this order on the Criminal Miscellaneous Bail Application filed by Shravan Yadav alias Vicky Yadav. The bail application under Section 439 of Code of Criminal Procedure sought enlargement on bail during trial in connection with case under Sections 304 and 286 of IPC registered at P.S. Colonelganj, District Prayagraj.

The prosecution case, as per the FIR, is that on October 20, 2020, there was a marriage reception organised by Manoj Kesarwani in Noor Miyan Park, which Sanjeev Kumar Kesarwani had attended with Subham Kesarwani. Sanjeev resorted to celebratory firing during the event, which hit Subham in his abdomen and he was admitted to SRN Hospital for treatment.

The FIR was initially registered under Section 307 IPC, but after the death of Subham, Sections 304 and 286 of IPC were added in the case.

The Counsel for the applicant submitted that it is a case of celebratory firing without any intention to commit offence and the injury as received by the deceased is as a result of accident. It was argued that the applicant had no motive and intention to commit the present offence.

It is further submitted that the applicant has no criminal history as stated in the affidavit and has been in jail since December 23, 2020. 

It is also submitted that though police has shown recovery of a country made pistol from the house of the applicant but the same is a planted recovery and there is no independent witness to the same and even the bullet recovered from the body of the deceased has not been sent along with the alleged recovered weapon for opinion of the ballistic expert.

The AGA opposed the prayer for bail and argued that the applicant is named in the first information report and has been assigned the role of firing from a weapon, which hit the deceased.

“It is further argued that there is a recovery from the house of the applicant of the alleged weapon. After having heard the counsel for the parties and perusing the record, it is apparent that the prosecution case right from the inception is of celebratory firing. Fire appears to have hit the deceased due to accident and there is no motive and intention to commit the said offence,” the Court observed.

After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, the Court is of the view that the applicant may be enlarged on bail, the Court said.

The Court ordered that, let the applicant – Shravan Yadav alias Vicky Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties (one of the sureties to be his family member) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

1-The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

2- The applicant will abide by the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

3- The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

4- The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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5- The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such a default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229- A IPC.

6- The trial court may make all possible efforts/endeavours and try to conclude the trial expeditiously after the release of the applicant. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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