Allowed

Kapil Yadav v. State of U.P.

Allahabad HC20 Aug 2020BAIL/21691/2020

Case brief

AI extract

What is this about?

In a bail application, the High Court at Allahabad granted bail to Kapil Yadav, involved in an IPC case for attempted murder and assault. The court found it a fit case for bail pending trial after perusing records via video conferencing.

What did the court decide?

The applicant Kapil Yadav was released on bail by furnishing a personal bond and two sureties, subject to conditions preventing tampering with evidence and ensuring appearance in proceedings.

Kapil Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21691 of 2020

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Applicant :- Kapil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Bachchoo Lal,J.

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Heard learned counsel for the applicant, learned A.G.A for the State through the video conferencing and perused the record.

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Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. The FIR has been lodged against three persons including the applicant with the specific allegation that co-accused Sachin caused gun shot injury to the injured Deepak Tiwari. In the statement of injured Deepak Tiwari it has also come that co-accused Sachin Yadav had caused gun shot injury to him. Except gun shot injury no other injury has been found to the injured.The applicant has not caused any gun shot injury to the injured. The allegation against the applicant is that the applicant objected for fixing the pipe and also assaulted the injured. False allegation has been made against the applicant. No incriminating article has been recovered from the possession of the applicant or on his pointing out. The case of the applicant is distinguishable from the case of co-accused Sachin Yadav. There is no criminal history of the applicant and is in jail since 21.3.2020.

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Per contra, learned A.G.A opposed the prayer for bail.

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Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.

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Let the applicant Kapil Yadav involved in Case Crime No. 183 of 2020, under Sections 307, 323, 504 IPC, P.S. Bisrakh, District Gautam Budh Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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The applicant will not tamper with the evidences.

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The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.

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The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

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In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

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Order Date :- 20.8.2020/A.

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Digitally signed by Justice Bachchoo Lal Date: 2020.08.20 14:00:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Kapil Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kapil 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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