This judgment grants bail to the applicant Vinod Gaur in a Criminal Misc. Bail Application. The High Court released the applicant on furnishing a personal bond and two sureties, subject to specific conditions, without expressing an opinion on the merits.
Released on bail on furnishing a personal bond and two sureties each.
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Court No. - 45
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28789 of 2018
Applicant :- Vinod Gaur Opposite Party :- State Of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Vinod Gaur with a prayer to release him on bail in Case Crime No. 50 of 2018, under Sections 458, 380 IPC, Police Station Ahraula, District- Azamgarh, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. The allegation against the applicant is that he has stolen nine goats along with co-accused and on resistance he retaliated causing knife injury. Learned counsel for the applicant has argued that no knife injury was suffered by any of the alleged injureds. The applicant is languishing in jail since 26.6.2018, who is not a previous convict. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant and submits that as per instructions received by him this fact is not belied, the injury has been caused by blunt object.
Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Vinod Gaur involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court
concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 31.7.2018 Atul kr. sri.
1 issue framed by the court
Whether the applicant Vinod Gaur should be released on bail subject to conditions.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶9
(2018)3 SCC 22 · Who else cites this
Vinod Gaur
Siddharth
As recorded by the court registry
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