Allowed

Nand Kishor Yadav v. State of U.P.

Allahabad HC4 Apr 2019BAIL/13966/2019

Case brief

AI extract

What is this about?

In a bail application under Section 302 IPC, the Court granted bail to the applicant, noting that co-accused were already released, he had no criminal history, and the FIR was based on suspicion due to enmity, without expressing an opinion on the merits of the case.

What did the court decide?

Released on bail by furnishing personal bond and two sureties subject to standard conditions.

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

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13966 of 2019

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Applicant :- Nand Kishor Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Bhupendra Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned A.G.A for the State and perused the record.

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According to prosecution case, F.I.R. was lodged against four accused persons, namely Rajaram Yadav, Kishorilal Yadav, Nand Kishor Yadav and Kamal alleging that on 7.8.2018 they killed Samar Bahadur Yadav by strangulation.

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It is submitted by learned counsel for the applicant that coaccused namely Rajaram Yadav and Kamal @ Kamlesh have been granted bail by this Court vide order dated 24.1.2019 and 25.2.2019 in Criminal Misc. Bail Application Nos. 1168 of 2019 and 7707 of 2019, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There are general allegations against all accused persons. F.I.R. was lodged on the basis of suspicion only. There is eye witness account. There is no independent witness and no legal evidence against the applicant. After thought, the false story was developed with legal consultation due to previous enmity. The applicant is innocent and has been falsely implicated in the present case. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 10.9.2018 (near about seven months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned counsel for the complainant opposed the prayer for bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history and the case of present applicant is identical to coaccused Rajaram Yadav who has been enlarged on bail.

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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

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allowed.

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Let applicant Nand Kishor Yadav involved in Case Crime No. 141 of 2018, under Section 302 IPC, Police Station Atarra, District Banda 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:

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

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

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

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

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5.The applicant 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.

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

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Order Date :- 4.4.2019

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A. Singh

Nand Kishor Yadav v. State of U.P.

Case brief

What is this about?

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Nand Kishor Yadav v. State of U.P.

Case brief

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