Yashpal v. State of U.P.
Case brief
What is this about?
This judgment grants bail to the applicant during the trial for offenses including murder. The court imposed specific conditions to prevent tampering with evidence, harassment of the complainant, and misuse of bail liberty.
What did the court decide?
Release on bail by furnishing a personal bond and two sureties subject to specific conditions regarding appearance, conduct, and non-tampering with evidence.
What the court decided
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6288 of 2020
Applicant :- Yashpal Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.,Akhil Kumar Shukla Hon'ble Samit Gopal,J.
Heard Sri Jitendra Kumar Mishra, learned counsel for the applicant, Sri Akhil Kumar Shukla, learned counsel for the first informant and the learned A.G.A.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Yashpal , seeking enlargement on bail during trial in connection with Sessions Trial No. 292 of 2019 (Case Crime No. 316 of 2019), under Sections 364, 302, 201 I.P.C., registered at P.S. Kayamganj, District Farrukhabad.
Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. The recovery of a mobile has been shown from the house of the applicant and there is evidence that one Rahul saw the deceased going towards the house of the applicant on the day of the incident. Thereafter, recovery of the mobile has been made from the joint pointing out of the applicant and his wife Smt. Nanhi Devi from their house. It is further submitted that the mobile has also been shown to have been identified by Rahul who claims himself to be a nephew of the deceased. The applicant has been falsely implicated as it is alleged that the deceased had an illicit relationship with Smt. Nanhi Devi. The F.I.R is delayed by 04 days without any explanation whatsoever. Even in the F.I.R there is only suspicion against the accused persons. It is further argued that co-accused Smt. Nanhi Devi has been granted bail by a co-ordinate Bench of this Court vide order dated 28.02.2020 passed in Criminal Misc. Bail Application No. 7565 of 2020. The applicant is the husband of Smt. Nanhi Devi and is having identical role. The applicant having no criminal history is in jail since 18.09.2019.
Issues for consideration
3 issues framed by the court
Whether bail should be granted to the applicant during the trial phase.
Whether conditions can be imposed to ensure the applicant does not tamper with evidence or harass the complainant.
Whether the applicant's alleged false implication and the bail of a co-accused necessitate release on bail.
Parties & counsel
- applicant
Yashpal
- respondent
State of U.P.
Coram
Samit Gopal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/6288/2020
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