Criminal Miscellaneous Bail Application where the applicant sought bail in a case involving offences under IPC and U.P. Public Examination Act. The single-judge court granted bail on personal and surety bonds without expressing an opinion on the merits of the charges.
Relief granted: Release of the applicant on bail on personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15858 of 2019
Applicant :- Anil Kumar Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Amarjeet Yadav,Pankaj Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Applicant- Anil Kumar Yadav seeks bail in Case Crime No. 16 of 2019, under Sections 419,420,467,468 and 471 IPC, and Sections 6, 7 and 10 of U.P. Public Examination (Prevention of Unfair Means) Act, 1998, Police Station Sidhari, District Azamgarh.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case; the presence of Rishi Muni-accused on the spot makes the prosecution version false; the applicant and Rishi Muni both lived together and were studying and due to friendship and illness of Rishi Muni, the applicant came with him up to the examination centre and from there, the applicant was arrested denoting the caste. It has been further submitted that applicant is in jail since 28.01.2019 .
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in 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 :-
concerned before the bonds are accepted.
Order Date :- 24.7.2019 Shahid
2 issues framed by the court
Whether bail should be granted to the applicant in the instant criminal case.
Whether the prosecution case is genuine and there is reasonable apprehension of tampering with evidence.
Anil Kumar Yadav
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
