Allowed

Vinod Alias Chhotey Yadav v. State of U.P.

Allahabad HC1 Feb 2018BAIL/2308/2018

Case brief

AI extract

What is this about?

In a bail application, the court allowed the release of the applicant who was accused of assault and attempted murder. The applicant argued false implication and non-dangerous injuries, leading the court to find he has made out a case for bail.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties subject to specific conditions.

Vinod Alias Chhotey Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2308 of 2018

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Applicant :- Vinod Alias Chhotey Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Anurag Shukla Counsel for Opposite Party :- A.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 Vinod @ Chhotey and Gurudeo Singh alleging that on 21.8.2016 they asked to give them Rs.10,000/- from Gaurav Yadav, son of complainant Mahipal Singh; when he denied, they assaulted him with 'lathi'danda and on exhortation by Gurudeo Singh, Vinod drove the tractor on him; Gaurav Yadav received several injuries.

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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 has been explained; he was driver of the tractor and the injured received injuries in an accident; injuries of victim are not dangerous to life; co-accused Gurudev Singh has already been enlarged on bail vide order dated 11.10.2017 passed in Criminal Misc. Bail Application No.37331 of 2017; the applicant is languishing in jail since 10.4.2017(more than nine 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 but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

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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 Vinod @ Chhotey Yadav involved in Case Crime No.241 of 2016, under Sections 327, 308 & 325 IPC, Police Station Basrehar, District Etawah 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

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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 :- 1.2.2018 P.P.

Vinod Alias Chhotey Yadav v. State of U.P.

Case brief

What is this about?

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Vinod Alias Chhotey Yadav v. State of U.P.

Case brief

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