Criminal Misc. Bail Application filed by Karuwa @ Devendra Yadav in a dacoity case under UP Dacoity Affected Area Act. The single judge held it a fit case for bail despite opposition, emphasizing complicity and severity, and ordered release on personal bond plus two sureties.
Respondent released on bail with a personal bond and two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2460 of 2018
Applicant :- Karuwa @ Devendra Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Arun Kumar Vishwakarma Counsel for Opposite Party :- Government Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This bail application has been moved by the accusedapplicant Karuwa @ Devendra Yadav who is involved in Case Crime No. 211 of 2017, under Sections 15 Uttar Pradesh Dacoity Affected Area Act, 1983 at Police Station Barhan, District Agra.
As per prosecution version, on 27.09.2017 at about 7:50 P.M. applicant with other co-accused person was arrested by police and one motorcycle has been recovered from his possession.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. The role of applicant is similar to that of co-accused Rajendra, who has been granted bail by this Court vide order dated 27.11.2017 passed in Criminal Misc. Bail Application No. 46104/2017, copy of which filed at Annexure No. 2 of this affidavit. Applicant is in custody since 27.09.2017.
Learned A.G.A. has opposed the prayer for bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Karuwa @ Devendra Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Court concerned.
Accordingly, bail application is allowed .
Order Date :- 24.1.2018 Sharad/-
2 issues framed by the court
Whether the applicant is a fit case for bail while considering complicity, severity of punishment, and totality of facts without commenting on merits.
Whether bail can be granted without evaluating the merits of the case.
Karuwa @ Devendra Yadav
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
