Allowed

Ram Kailash Yadav and Another v. State of U.P.

Allahabad HC22 May 2019BAIL/3175/2019

Case brief

AI extract

What is this about?

This court allowed a bail application under Sections 147, 148, 149, 323, 504, 506, 394, 307, 325, 326 IPC. The court found prima facie that a case for bail had been made out. Bail was granted with standard conditions including execution of a bond, furnishing two sureties each, and prohibitions against tampering with evidence or witnesses.

What did the court decide?

Release of applicants on personal bond and two sureties each with conditions against tampering with witnesses and evidence.

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

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3175 of 2019

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Applicant :- Ram Kailash Yadav And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Prem Shanker Mishra,Chandra Bhushan Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Sinha,J.

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Heard learned counsel for the applicants and learned A. G. A. for the State.

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Applicants have moved the present bail application seeking bail in Case Crime No. 919 of 2018, under Sections 147, 148, 149, 323, 504, 506, 394, 307, 325, 326 IPC, P.S. Handia, District Allahabad.

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I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.

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The contention as raised at the bar by learned counsel for the applicant is that the applicants have been falsely implicated in the present case; the applicants have not been named in the FIR; subsequently in the majid bayan of the first informant, the applicants have been named; injuries are simple in nature; the first informant has given an affidavit saying that he has not seen anybody. The accused applicants are in jail since 5.12.2018 and in case they are released on bail, they will not misuse the said liberty.

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The bail application has been vehemently opposed by learned A. G. A.

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Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

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The prayer for bail is granted. The application is allowed.

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Let the applicants Ram Kailash Yadav and Sanjay Yadav involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

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i) The applicants shall not tamper with the prosecution evidence.

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ii) The applicants shall not threaten or harass the prosecution witnesses.

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iii) The applicants shall appear on the date fixed by the trial court.

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iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

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

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In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

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Order Date :- 22.5.2019 Kuldeep

Ram Kailash Yadav and Another v. State of U.P.

Case brief

What is this about?

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Ram Kailash Yadav and Another v. State of U.P.

Case brief

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What the court decided

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