Allowed

Yogendra Chauhan v. State of U.P. and Anr.

Allahabad HC10 Apr 2018CRLR/3878/2011

Case brief

AI extract

What is this about?

In Criminal Revision No. 3878 of 2011, Hon'ble Umesh Chandra Tripathi, J. set aside the Sessions Court's order rejecting the petitioner's bail. The court held that the rejection was illegal as it failed to satisfy any condition under Section 41(1)(b) Cr.P.C. and the imposed condition to live with the wife was unreasonable.

What did the court decide?

Impugned order dated 17.08.2011 set aside; petitioner released on bail with personal bond of Rs. 25,000/- and two sureties.

Yogendra Chauhan Vs State of U.P. and Anr. — Bail and Remand | Allahabad HC (2018)

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Court No. - 28

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Case :- CRIMINAL REVISION No. - 3878 of 2011

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Revisionist :- Yogendra Chauhan Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Poonam Dubey,Bishram Tiwari,Manoj Kumar Dwivedi

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Counsel for Opposite Party :- Govt. Advocate,Rr.S.Dubey,Vashistha Tiwari

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Hon'ble Umesh Chandra Tripathi,J.

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List has been revised. No one is present on behalf of revisionist to argue the case.

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Heard learned counsel for opposite party no. 2 and learned A.G.A. for State.

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This criminal revision has been preferred against the judgment and order dated 17.08.2011 passed by Sessions Judge, Deoria in Criminal Misc. Case No. 28/2011 (Smt. Sheela Devi Vs. Yogendra Chauhan), rejecting the bail application of revisionist/accused Yogendra Chauhan. Revisionist Yogendra Chauhan was granted short term bail of one month in Case Crime No. 4082/2006 under Sections 498A, 494 and 323 I.P.C. and 3/4 D.P. Act, P.S. Gauri Bazar, Deoria on 10.04.2008, on the condition that revisionist will live together with his wife opposite party no. 2 Smt. Sheela Devi. Due to violation of condition, the regular bail of revisionist has been rejected by impugned order.

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None of offences against revisionist is punishable with imprisonment for more than seven years. Bail of the revisionist can be rejected only if any of the condition illuminated under Section 41 (1)(b) Cr.P.C. is satisfied.

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Learned Sessions Judge has not mentioned any of the condition prescribed in Section 41(1)(b) Cr.P.C. while rejecting the bail. The condition that revisionist will live with his wife opposite party no. 2 Smt. Sheela Devi otherwise he should be sent the jail is not reasonable. A person could not be sent to jail if he refuse to live with his wife. For non-fulfilment of this unreasonable condition, bail of revisionist could not be rejected.

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Accordingly, impugned order dated 17.08.2011 is set aside and instant criminal revision is allowed.

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Let revisionist Yogendra Chauhan shall be released on bail subject to furnishing of a personal bond of Rs. 25,000/- and two sureties in the like amount to the satisfaction of the court concerned.

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Let a copy of this order be communicated to the court concerned for compliance and necessary action.

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Order Date :- 10.4.2018 Sharad/-

Yogendra Chauhan v. State of U.P. and Anr.

Case brief

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Yogendra Chauhan v. State of U.P. and Anr.

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