Allowed

Ramchhabila Yadav v. State of U.P.

Allahabad HC18 Nov 2020BAIL/39812/2020

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Ramchhabila Yadav in a criminal trial involving offences underSections 307, 323, 504 and 506 I.P.C. The applicant, an elderly man without prior criminal history, sought release referencing a prior Supreme Court judgment.

What did the court decide?

The applicant was released on bail on execution of a personal bond and furnishing two sureties in the like amount.

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

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39812 of 2020

¶3

Applicant :- Ramchhabila Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sugendra Kumar Yadav,Anand Prakash Srivastava Counsel for Opposite Party :- G.A.

¶4

Hon'ble Ajit Singh,J.

¶5

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

¶6

By means of this application, the applicant who is involved in Case Crime No. 128 of 2020, under Sections 307, 323, 504 and 506 I.P.C., P.S. Bhaluwani, district-Deoria, is seeking enlargement on bail during the trial.

¶7

The first information report of the incident was lodged by the complainant against four persons including applicant, alleging therein that the present accused had assaulted the complainant side by 'Kudal' and 'Pharsa', causing serious injuries to them.

¶8

Learned counsel for the applicant submits that in the first information report general allegation of assaulting the complainant side with lathi, kudal, pharsa and bhala has been made against four persons including the applicant. He next submits that the role of causing grevious injuries to the injured Prakash alias Om Prakash is attributed to co-accused Manoj and the role of the applicant is clearly distinguishable from that of co-accused Manoj. He also submits that the applicant is aged about seventy years and has been suffering from age related ailments. Further submission is that the injury sustained by the complainant side are not grievous in nature and not fatal to life and hence Section 307 I.P.C. is not made out against the applicant. He lastly submits that the applicant has no criminal history and he is languishing in jail since 21.8.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶9

The prayer for bail has been vehemently opposed by learned A.G.A.

¶10

Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs.

¶11

State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

¶12

Let the applicant, Ramchhabila Yadav involved in the aforesaid case 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 subject to the following conditions:-

¶13

The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

¶14

He will not tamper with the witnesses.

¶15

He will not indulge in any illegal activities during the bail period.

¶16

It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

¶17

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

¶18

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

¶19

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶20

Order Date :- 18.11.2020 Faridul

Ramchhabila Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramchhabila 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mahendra Vs State of U.P.

Satendra Vs State of U.P.

Deepak @ Deep Mohan Vs State of U.P.

Uma Shankar @ Happu Vs State of U.P.

Inzumam Ali Vs State of U.P.

Gaurav @ Plaza Vs State of U.P. and Another