Allowed

Upendra Yadav and Another v. State of U.P.

Allahabad HC27 Mar 2019BAIL/12006/2019

Case brief

AI extract

What is this about?

This judgment grants bail to two applicants, Upendra Yadav and Bunna Yadav, accused in a FIR alleging they instigated others to kill the deceased. The High Court observed that they lack criminal history, the injury was a single head wound, and there is no independent witness. Bail was granted on a personal bond and two sureties.

What did the court decide?

Applicants Upendra Yadav and Bunna Yadav were released on bail by furnishing a personal bond and two sureties each

Upendra Yadav and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

¶1

Court No. - 50

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12006 of 2019

¶3

Applicant :- Upendra Yadav And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Mishra,Chandra Prakash Misra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Aniruddha Singh,J.

¶5

Sri Sanjay Kumar Mishra, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.

¶6

This case has been assigned by The Hon'ble The Chief Justice vide order dated 26.3.2019.

¶7

Heard learned counsel for the applicants, Sri Sanjay Kumar Mishra, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

¶8

According to prosecution case, F.I.R. was lodged against nine accused persons, namely, Jalil, Khalil, Nasib, Ishak, Mavrani, Fatma, Saddam, Upendra Yadav and Bunna Yadav alleging that on the exhortation of the applicants, other persons had killed the deceased (Vakil Singh). He received five injuries. One is on head and due to head injury he died.

¶9

Learned counsel for the applicant submitted that applicants are languishing in jail since 30.1.2019 (about two months) having no criminal history. The applicants are innocent and have been falsely implicated in this case. Only one head injury was found on the body of the deceased. The role of the applicants are of exhortation only. There was no intention or knowledge to kill the deceased. There is no legal evidence against the applicants. There is no independent witness against the applicants. In case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

¶10

Learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicants have no criminal history.

¶11

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

¶12

Let the applicants Upendra Yadav and Bunna Yadav involved in

¶13

Case Crime No. 27 of 2019, under Sections 147, 323, 304, 504, 506, 447 IPC, Police Station-Ramkola, District-Kushinagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

¶14

The applicants will not tamper with the evidence during the trial.

¶15

2.The applicants will not pressurize/ intimidate the prosecution witness.

¶16

3.The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

¶17

4.The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

¶18

5.The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶19

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

¶20

Order Date :- 27.3.2019 OP

Upendra Yadav and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Upendra Yadav and Another 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

Parties & counsel

Coram

Case details

Similar cases

Deepu Yadav @ Ajay Kumar and Another Vs State of U.P.

Veer Singh Vs State of U.P.

Sukhdevi Vs State of U.P.

parmeshwar Vs State of U.P.

Suresh Chandra Vs State of U.P.

Guddu Singh Sengar @ Raghvendra Singh and Another Vs State of U.P.