Allowed

Abhinav Yadav @ Pawan Yadav v. State of U.P.

Allahabad HC1 Dec 2021BAIL/29225/2021

Case brief

AI extract

What is this about?

The Court allowed a bail application for an accused implicated in an FIR under IPC Sections 304, 148, etc. The Court relied on Apex Court guidelines regarding bail and held the applicant made out a case based on parity and lack of distinct culpability compared to granted co-accused, without expressing a full opinion on merits.

What did the court decide?

Release on bail with a personal bond and two sureties, subject to standard conditions.

Abhinav Yadav @ Pawan Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29225 of 2021

¶3

Applicant :- Abhinav Yadav @ Pawan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Brajesh Kumar Rai Counsel for Opposite Party :- G.A.,Deepak Kumar Tripathi,Nikhilesh Kumar Chaudhary,Rajesh Yadav

¶4

Hon'ble Deepak Verma,J.

¶5

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

¶6

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 0065 of 2021, registered under Sections 147, 148, 323, 308, 336 and 304 I.P.C., Police Station Khejuri, District Ballia during pendency of the trial.

¶7

At the outset, learned counsel for the applicant argued that nine accused persons have been implicated in the FIR and general role has been assigned to all the accused persons. In all the accused persons, out of four accused persons, namely, Manvendra Prasad Yadav, Ajay Yadav, Munna Yadav @ Jai Krishna Yadav and Ajeet Yadav have been granted bail by coordinate Bench of this Court in Criminal Misc. Bail Application Nos.33361 of 2021, 35433 of 2021 and 48912 of 2021 vide orders dated 10.11.2021, 22.11.2021 and 22.11.2021 respectively. The applicant having same role as of the coaccused, hence, the applicant is also entitled for bail on the ground of parity. The applicant having one criminal history, the same has been explained in para 19 of the affidavit. The applicant is languishing in jail since 19.05.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

¶8

Learned A.G.A. vehemently opposed the bail prayer of the applicant but could not dispute the facts.

¶9

Considering the material available on record and keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused and the Apex Court view pertain to the Article 21 of the Constitution of India held in In human conditions in 1382 Prisons, In re: (2017) 10 SCC 658 and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P.

¶10

and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶11

Let the applicant, Abhinav Yadav @ Pawan Yadav, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶16

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶17

Order Date :- 1.12.2021 Nitin Verma

Abhinav Yadav @ Pawan Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhinav Yadav @ Pawan 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

Parties & counsel

Coram

Case details

Similar cases

Ankit Jain Vs State of U.P. and Another

Dharamveer Vs State of U.P. and Another

Anees Ahmad Vs State of U.P. and 2 Others

Krishna Sahani @ Patru and 2 Others Vs State of U.P.

Rajendra Yadav and Another Vs State of U.P.

Sunil Vs State of U.P.