Allowed

Yadvendra Yadav v. State of U.P.

Allahabad HC7 Aug 2020BAIL/20655/2020

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant in a criminal case involving murder and unlawful assembly. The court, while noting the gravity of the offense, held it to be a fit case for bail without expressing an opinion on merits, ordering release subject to standard conditions.

What did the court decide?

Release of applicant on bail on executing a personal bond and furnishing two sureties with standard conditions.

Yadvendra Yadav Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2020)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20655 of 2020

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Applicant :- Yadvendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A.

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This is a bail application on behalf of the applicant Yadvendra Yadav in connection with Case Crime No.21 of 2020, under Sections 147, 148 and 302 I.P.C., P.S. Rudrapur, district Deoria.

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The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the role of exhortation has been assigned to the present applicant in the first information report and the main role of firing was assigned to coaccused, Sujeet. He submitted that the applicant was not arrested at the place of occurrence nor any incriminating article has been recovered from the possession of the applicant. He submitted that the deceased has received only one gun shot injury. He submitted that the applicant is languishing in jail since 27.01.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. has opposed the bail plea but has not disputed the fact that the applicant was assigned the role of exhortation only.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed.

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Let the applicant Yadvendra Yadav involved in the aforesaid crime 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 applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses;

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iii) The applicant shall appear on the date fixed by the trial court;

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

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v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts

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to the Court or to any police officer or tamper with the evidence. Order Date :- 7.8.2020

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R./

Yadvendra Yadav v. State of U.P.

Case brief

What is this about?

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Yadvendra Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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