The High Court disposed of a bail application, finding it a fit case for bail without commenting on case merits. It ordered the applicants released on bail subject to furnishing a personal bond and two sureties.
Applicants released on bail on furnishing a personal bond and two sureties each.
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. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17837 of 2019
Applicant :- Arvind Yadav And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Satyendra Kumar Mishra,Devendra Gope Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Shri Ajeet Kumar Singh, Advocate filed Vakalatnama on behalf of first informant today in the Court be taken on record.
Heard learned counsel for applicants, Shri Ajeet Kumar Singh, learned counsel for first informant, learned A.G.A. and perused the record.
Learned counsel for applicants contended that applicants have been falsely implicated in the present case; that as per averments made in F.I.R., on 27.11.2018 at 5.00 a.m. when Manish Yadav was going to take milk applicant and 5 others allegedly abused and assaulted him and caused injuries to him as well Ram Adhar Yadav; that entire prosecution story is absolutely false and incorrect; that false F.I.R. has been lodged on account of enmity due to civil litigation; that no specific role has been assigned to applicants; that injuries allegedly sustained by Manish Yadav and Ram Adhar Yadav were not found to be grievous in nature and applicants may not be considered to be author of above injuries; that case of applicants is identical to co-accused Hari Prasad Yadav and Shiv Prasad Yadav who have been granted bail by other Bench of this court vide orders dated 18.4.2019 passed in Criminal Misc. Bail Application Nos.8030 of 2019 and 8005 of 2019, copies of which have been produced for perusal and are taken on record; that applicants have no criminal history; that applicants undertake that they will not misuse liberty of bail; that applicants are in custody since 06.03.2019.
Learned A.G.A. and learned counsel for first informant opposed the prayer of bail.
Upon hearing learned counsel for parties, perusal of record and considering the complicity of
accused, severity of punishment; grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Arvind Yadav and Deepan Yadav be released on bail in Case Crime No.171 of 2018, under Sections 147, 308, 323, 325, 504 and 506 I.P.C., P.S. Nagra, District Ballia, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 1.5.2019
VS
2 issues framed by the court
Whether application for bail in a case involving litigation-related false implicate can be granted.
Whether co-accused bail underscores totality of circumstances for granting bail in this case.127
Arvind Yadav
Deepan Yadav
State Of U.P.
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
