Allowed

Rajendra Prasad Yadav Alias Rudal v. State of U.P.

Allahabad HC2 Jan 2019BAIL/37615/2018

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Rajendra Prasad Yadav Alias Rudal, holding him entitled to bail based on facts, circumstances, and prima facie satisfaction of the charge, without expressing an opinion on the merits of the case. Bail was granted with conditions to appear, not tamper with evidence, and not intimidate witnesses.

What did the court decide?

Released on personal bond and two sureties with undertaking to appear, not tamper with evidence, not intimidate witnesses, and not commit offences.

Rajendra Prasad Yadav Alias Rudal Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37615 of 2018

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Applicant :- Rajendra Prasad Yadav Alias Rudal Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. There is no independent witness to the fact of recovery. The applicant was arrested deliberately by the police on account of his criminal history. Criminal history of the applicant has been explained under paragraph no.3 of the supplementary affidavit. There is no possibility of absconding or misusing the liberty of bail in case the applicant is admitted to bail. The applicant is languishing in jail since 22.04.2018.

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Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicant Rajendra Prasad Yadav alias Rudal involved in Case Crime No.211 of 2018, under Sections 457, 380, 411 I.P.C., Police Station

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Kotwali, District Basti be released on bail on his 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 applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurise/intimidate the prosecution witness.

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(iii) The applicant will appear before the trial court on the date fixed.

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(iv) The applicant will not commit offence.

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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 :- 2.1.2019 rkg

Rajendra Prasad Yadav Alias Rudal v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rajendra Prasad Yadav Alias Rudal v. State of U.P.

Case brief

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What the court decided

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