Allowed

Punukdeo Yadav v. State of U.P.

Allahabad HC25 Sept 2018BAIL/28649/2018

Case brief

AI extract

What is this about?

In this bail application, the Hon'ble Court granted bail to the applicant, Punukdeo Yadav, despite opposition from the AGA. The court found prima facie satisfaction regarding the charge, considered the reformative theory of punishment, and relied on the precedent Dataram Singh before granting bail on personal bond and sureties.

What did the court decide?

Bail granted on furnishing a personal bond and two sureties (Rs. One Lac each), subject to specified conditions.

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

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Court No. - 55 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28649 of 2018 Applicant :- Punukdeo Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Raghawendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed today by learned AGA and Rejoinder Affidavit filed by learned counsel for the applicant are taken on record.

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Heard Sri Raghawendra Singh, learned counsel for the applicant, Sri Sanjay Singh, learned AGA for the State and perused the material brought on record.

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It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. It is further contended that alleged recovery has been planted by the Police to implicate the applicant in the present case. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. There is no independent witness of the alleged incident. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 22.6.2018, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let applicant Punukdeo Yadav, be released on bail in Case Crime No. 129 of 2018, under Sections 60(1) A,B, 63 Excise Act and Section 272,273 IPC, Police Station- Sikanderpur, District- Ballia, on his furnishing a personal bond and two sureties (Rs. One Lac each) (One should be of a family member) subject to following conditions:-

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(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Order Date :- 25.9.2018/ssm

Punukdeo Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Punukdeo Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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