Dismissed

Anoop Yadav v. State of U.P.

Allahabad HC15 Sept 2021BAIL/22960/2021

Case brief

AI extract

What is this about?

The Allahabad High Court rejected a bail application under Section 307 IPC filed by Anoop Yadav, a habitual offender with a criminal history of 19 cases. Without expressing an opinion on the merits, the court found no good ground for bail and directed the trial court to conclude the trial within six months.

What did the court decide?

Bail application rejected; trial court directed to expedite trial to conclude within six months in compliance with Section 309 Cr.P.C.

Anoop Yadav Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22960 of 2021

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

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Hon'ble Rajiv Joshi,J.

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Heard Sri Manoj Kumar, learned counsel for the applicant, learned AGA and perused the record.

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By means of this application, the applicant, who is involved in Case Crime No. 178 of 2021, under Section 307 I.P.C., P.S. Shahpur, District Gorakhpur, is seeking enlargement on bail.

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It is submitted by learned counsel for applicant that applicant is innocent and has falsely been implicated in this very case crime number. The FIR has been lodged by the police in which the applicant was arrested at the spot and he opened fire on the police party. It is further submitted that the applicant fired but his fire missed and did not hit the police personnel and nobody got injured. Applicant has criminal history of 19 cases, which has been explained in paragraph no.16 of the affidavit filed in support of the bail application. The applicant is languishing in jail since 27.4.2021. There is no likelihood of fleeing from course of justice or tampering with evidence. Hence, bail, during trial, has been prayed for.

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On the other hand, learned AGA has opposed the prayer for bail with the submission that it is the clear cut case of firing upon the police party for attempt to murder has been made out. It is also submitted that there is criminal history of 19 cases, in which the most of the cases were registered under Section 307 of IPC. Lastly, it is submitted that the applicant is a habitual offender and considering the criminal history, the applicant is not entitled for any indulgence by this Court.

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Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant Anoop Yadav, involved in Case Crime No. 178 of 2021, under Section 307 I.P.C., P.S. Shahpur, District Gorakhpur.

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Accordingly, the bail application is rejected . However, the trial court is directed to expedite the trial & make an endeavour to conclude it preferably within a period of six months strictly in compliance of Section 309 of Cr.P.C., subject to any legal impediment from the date of production of a certified copy/computerized copy of this order.

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Order Date :- 15.9.2021

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Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.09.15 15:15:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Anoop Yadav v. State of U.P.

Case brief

What is this about?

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Anoop Yadav v. State of U.P.

Case brief

What is this about?

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