Allowed

Vaibhav Yadav Alias Chotu Yadav v. State of U.P.

Allahabad HC13 Feb 2018BAIL/2241/2018

Case brief

AI extract

What is this about?

bail application in a case under Section 307 IPC was allowed on the grounds that the applicant made out a case for bail despite his criminal history and the gravity of the offence. Conditions for bail were imposed.

What did the court decide?

The applicant be released on bail on furnishing a personal bond and two sureties each, subject to five conditions including not tampering with evidence and appearing in court.

Vaibhav Yadav Alias Chotu Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2241 of 2018

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Applicant :- Vaibhav Yadav Alias Chotu Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State, and perused the record.

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According to prosecution case, FIR was lodged against Vaibhav Yadav @ Chotu Yadav, Ramji Pasi, Rakesh Pasi and Rahul Yadav alleging that on 12.6.2017 in a police firing case Vaibhav Yadav was arrested on the spot and other three accused fled away from the spot. Police recovered one countrymade pistol, two cartridges and one Pulsar motorcycle bearing No. UP 67 G 003.

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; criminal history of 29 cases have been explained; no police personnel has received any injury; he is languishing in jail since 13.6.2017(eight months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail and submitted that the applicant has criminal history of 29 cases.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let applicant Vaibhav Yadav alias Chotu Yadav involved in Case Crime No.104 of 2017, under Section 307, 34 IPC, Police Station Tarwan, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 13.2.2018 P.P.

Vaibhav Yadav Alias Chotu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vaibhav Yadav Alias Chotu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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