Allowed

Jitendra Yadav v. State of U.P.

Allahabad HC27 Jan 2020BAIL/3177/2020

Case brief

AI extract

What is this about?

Court allowed bail to the accused in a criminal case involving sections 323, 504, 427, and 308 of the IPC. The applicant, detained since 2019, argued for release on parity grounds as a co-accused was already granted bail. The court considered the injury to the victim and the case facts.

What did the court decide?

Application allowed; applicant released on bail upon furnishing personal bond, two sureties, and an undertaking to abide by the order.

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

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3177 of 2020

¶3

Applicant :- Jitendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.

¶4

Hon'ble Rajendra Kumar-IV,J.

¶5

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶6

Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

¶7

Accused-applicant, involved in Crime No.142 of 2017 (Case No. 7716 of 2017), under Sections 323, 504, 427, 308 I.P.C., Police Station Parsa Malik, District Maharajganj, applied for bail.

¶8

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case; he has committed no offence; entire prosecution story is false and fake. It has been further submitted that general role has been assigned to the applicant. The victim has received only single injury on his head. He further pointed out that co-accused Rakesh has been granted bail by co-ordinate Bench of this Court vide order dated 23.5.2018 in Criminal Misc. Bail Application No. 30595 of 2017 and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. Applicant is in jail since 10.12.2019. 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.

¶9

Learned A.G.A. opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

¶10

Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, injuries found on the person of victim, detention of applicant in jail, severity of punishment in case of conviction, role of applicant in the incident, bail order of co-accused Rakesh, evidence collected by I.O. during investigation and without commenting upon the

¶11

merit of the case, applicant deserves bail.

¶12

Accordingly, bail application is allowed .

¶13

Let applicant Jitendra 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:-

¶14

1. The applicant shall not tamper with the evidence or threaten the witnesses.

¶15

2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

¶16

3. During trial, he shall not indulge in any criminal activities or case.

¶17

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.

¶18

Order Date :- 27.1.2020 Manoj

Jitendra Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jitendra Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Reenoo and Another Vs State of U.P.

Raj Sharan Vs State of U.P. and Another

Manna Alias Rahman Vs State of U.P.

Khardookshan @ Bhaiyyan @ Tiger Vs State of U.P.

Shiv Yadav Vs State of U.P.

Manoj Vs State of U.P.