The Court allowed bail to Aditya Pratap Yadav in a case involving Sections 308, 307 and 504 IPC, relying on parity with co-accused grants and the applicant's long incarceration, subject to standard conditions and a personal bond.
Released on bail by furnishing personal bond and two sureties and filing undertaking as required by conditions.
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Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3151 of 2020
Applicant :- Aditya Pratap Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Km Preete Counsel for Opposite Party :- G.A.,Dhananjay Kumar Pandey
Hon'ble Rajendra Kumar-IV,J.
Heard Mrs. Jigyasa Singh, Advocate holding brief of Sri Alok Kumar, learned Counsel for the applicant, learned A.G.A. for State as well as Sri Dhananjay Kumar Pandey, learned Counsel for Informant and perused the material available on record.
Accused-applicant, involved in Case Crime No.331 of 2019, under Sections 308, 307, 323, 504, 506 and 325 IPC, Police Station GRP, District Allahabad, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to enmity. He has committed no offence. Prosecution story is false and fake. Applicant is in jail since 11.06.2018 and having no criminal history against him. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is further submitted that co-accused persons, namely, Sachin Yadav, Phul Singh @ Lallu, Akhand Pratap Yadav have already been granted bail on 31.10.2019, 05.12.2019 and 09.01.2020 in Criminal Misc. Bail Application Nos.45044 of 2019, 54015 of 2019 and 53232 of 2019 respectively. Lastly it has been submitted that case of present applicant is identical footing to the case of co-accused Phul Singh @ Lallu, therefore, the applicant be released on bail on the ground of parity and due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. as well as learned Counsel for complainant have opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and admitted that role of co-accused Phul Singh @ Lallu and present applicant Aditya Pratap Yadav are similar.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, keeping in view of bail granted to the co-accused Phul Singh @ Lallu and without commenting upon the merit of the case,
applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Aditya Pratap Yadav be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 21.1.2020 I.A.Siddiqui
3 issues framed by the court
Whether bail should be granted to the applicant considering similar cases of co-accused and heavy pendency.
Whether conditions for bail on furnishing bond and undertaking against tampering and abstaining from criminal activities are applicable.
Whether the application deserves acceptance based on parity granted to co-accused Phul Singh @ Lallu.
Aditya Pratap Yadav
State of U.P.
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
