Allowed

Umesh Yadav v. State of U.P

Allahabad HC9 Aug 2018BAIL/20198/2018

Case brief

AI extract

What is this about?

The High Court released the applicant on bail in a domestic dispute case involving IPC Sections 323, 504, 506, 498A, and Dowry Prohibition Act allegations, citing a prima facie case and reasonable apprehension of witness tampering.

What did the court decide?

Application allowed; applicant released on bail with personal bond and two sureties, subject to conditions of attending trial, not tampering with witnesses, and no illegal activities.

Umesh Yadav Vs State of U.P — Domestic Violence | Allahabad HC (2018)

¶1

Court No. - 55 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20198 of 2018 Applicant :- Umesh Yadav Opposite Party :- State Of U.P Counsel for Applicant :- Yogendra Pati Tripathi,Ashok Kumar Singh Counsel for Opposite Party :- G.A.,Anil Pratap Singh Hon'ble Vivek Kumar Singh,J.

¶2

Counter affidavit filed by learned counsel for the opposite party and rejoinder affidavit filed by learned counsel for the applicant are taken on record.

¶3

Heard learned counsel for the applicant, learned counsel for the applicant and learned A.G.A. appearing for the State.

¶4

Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that earlier decree of divorce of the applicant and his wife was passed in the year 2015. It is also submitted that a mutual settlement has been arrived at between the applicant and his, a copy whereof has been annexed as Annexure-6 to the affidavit filed in support of the bail application. The applicant has not committed any offence as alleged in the complaint. It has also been submitted that the applicant is languishing in jail since . The applicant has no other reported criminal antecedent.

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Learned A.G.A. opposed the prayer for bail.

¶6

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.

¶7

Without expressing any opinion on the merits of the case let the applicant Umesh Yadav involved in Complaint Case No. 317 of 2017 under Sections 323, 504, 506, 498A IPC and Section 3/4 Dowry Prohibition Act, Police Station Sigara, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 9.8.2018

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Manish Tripathi

Umesh Yadav v. State of U.P

Case brief

What is this about?

What did the court decide?

Umesh Yadav v. State of U.P

Case brief

What is this about?

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