Allowed

krishna yadav v. State of U.P.

Allahabad HC24 Jan 2018BAIL/2502/2018

Case brief

AI extract

What is this about?

Hon'ble Vivek Kumar Singh, J. granted bail to Krishna Yadav in a theft case, dismissing arguments of false implication. The court applied a personal bond with sureties and prohibition against tampering with witnesses or indulging in illegal activities.

What did the court decide?

Release on bail by furnishing a personal bond of Rs. Two Lacs with two sureties in similar amount, subject to standard conditions.

krishna yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

¶1

Court No. - 23

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2502 of 2018

¶3

Applicant :- Krishna Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Mr Rajesh Kumar Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard Sri Rajesh Kumar Singh, learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.

¶6

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 due to enmity. It is further submitted that the applicant was not named in the first information report nor there is any evidence of offence u/s 379 I.P.C. against him. After about 16 days of alleged incident of theft, the recovery of one Scorpio has been made from the possession of the applicant. There is no public independent witness of the alleged incident of recovery. No recovery of any Scorpio has been made from his specific possession. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 18.11.2017. The applicant has no other reported criminal antecedent.

¶7

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

¶8

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 the applicant is entitled to be released on bail in this case.

¶9

Let the applicant Krishna Yadav involved in Case Crime No. 1010 of 2017, under Section 379, 411 I.P.C., Police Station Kalyanpur, District Kanpur Nagar be released on bail on his

¶10

furnishing a personal bond (Rs. Two Lacs) with two sureties (One should be of a family member) each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶11

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

¶12

He will not tamper with the witnesses.

¶13

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

¶14

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

¶15

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

¶16

Order Date :- 24.1.2018 Arti Sharma

krishna yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

krishna yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Deepak Vs State of U.P.

Keshev Dev Vs State of U.P.

Dilip Singh Maurya Vs State of U.P.

Abdul Karim @Kale Vs State of U.P.

ram dhari maurya Vs State of U.P.

ramesh @ jhagru and another Vs State of U.P.