Allowed

Sher Bahadur Yadav v. State of U.P.

Allahabad HC6 Dec 2021BAIL/43995/2021

Case brief

AI extract

What is this about?

This single-judge criminal court allowed a bail application in a rape case, holding that the applicant has no criminal antecedents and the facts make out a case for bail without commenting on merits. The applicant was released on a personal bond and two sureties subject to standard conditions.

What did the court decide?

Release of applicant Sher Bahadur Yadav on bail on executing a personal bond and two reliable sureties on standard conditions.

Sher Bahadur Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43995 of 2021

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Applicant :- Sher Bahadur Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shaym Dhar Yadav,Dhirendra Kumar Srivastava

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Counsel for Opposite Party :- G.A.,Rajesh Kumar Tiwari

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Hon'ble Ram Krishna Gautam,J.

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Heard over bail application moved by applicant, Sher Bahadur Yadav, in Case Crime No. 283 of 2021, under Sections- 376, 507 I.P.C., P.S. Sarai Inayat, District- Prayagraj.

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Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 1.8.2021; he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail; prosecutrix is major; he was in live-in relationship with applicant and this false case was got registered when applicant got married; she, in her statements under Sections 161 as well as 164 of Cr.P.C., had admitted to be in physical relationship with applicant since five years back and at no point of time any protest was raised by prosecutrix but after the marriage of applicant, this false implication made; it is with some ulterior motive. Hence, bail has been prayed for.

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Learned AGA as well as learned counsel for the informant has vehemently opposed with this contention that it is a case of rape since last five years under assurance of marriage, subsequently, denied by applicant.

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Having heard learned counsels for both sides and gone through materials placed on record as well as considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the applicant, Sher Bahadur Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the

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like amount, to the satisfaction of the court concerned, subject to the following conditions:

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 6.12.2021 Kamarjahan

Sher Bahadur Yadav v. State of U.P.

Case brief

What is this about?

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Sher Bahadur Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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