Allowed

Raja @ Hani @ Abhimannu Yadav v. State of U.P.

Allahabad HC7 Jan 2019BAIL/49171/2018

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Raja @ Hani @ Abhimannu Yadav, involved in a larceny case. The court observed innocence, lack of independent witnesses, and absence of incriminating recovery, allowing release on personal bond and two sureties despite not expressing an opinion on merits.

What did the court decide?

Releasing the applicant on bail upon executing a personal bond and furnishing two sureties.

Raja @ Hani @ Abhimannu Yadav 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. - 49171 of 2018

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Applicant :- Raja @ Hani @ Abhimannu Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Awadh Bihari Pandey 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 public independent witness to the fact of recovery. Nothing incriminating has been recovered from possession of the applicant. Factum of recovery is denied. Offence alleged is triable by the Magistrate Ist Class. In case the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant is languishing in jail since 12.08.2018.

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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 Raja @ Hani @ Abhimannu Yadav involved in Case Crime No.599 of 2018, under Sections 379, 411 I.P.C., Police Station Dibiyapur, District Auraiya 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.

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Order Date :- 7.1.2019

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Raja @ Hani @ Abhimannu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raja @ Hani @ Abhimannu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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