Allowed

Sujeet Kumar Yadav @ Aaddu v. State of U.P.

Allahabad HC11 Jan 2021BAIL/45374/2020

Case brief

AI extract

What is this about?

The court enlarged the applicant on bail in a murder attempt case following an FIR, noting false implication and lack of criminal history, subject to standard bail conditions including appearance in court and cooperation in trial.

What did the court decide?

Enlargement on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Sujeet Kumar Yadav @ Aaddu Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45374 of 2020

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Applicant :- Sujeet Kumar Yadav @ Aaddu Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Pandey,P.K. Singh Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. FIR was lodged on 8/9.6.2020 at 1.06 A.M. in which no one is named, but statement of injured witness was recorded after 75 days on 25.8.2020 in which he has disclosed the name of applicant on the basis of information received from some sources. Similar, statement has also been given by other witnesses, but no source has been disclosed as to how the name of applicant has come into the picture. It is next submitted that injuries are also not attracting the Section 307 I.P.C. as the same are simple in nature. Applicant has no criminal history coupled with the fact that co-accused, Vimlesh Kumar Yadav has already been enlarged on bail by this Court on 12.10.2020 in Criminal Misc. Bail Application No. 33174 of 2020. He is in jail since 19.10.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Sujeet Kumar Yadav @ Aaddu, involved in Case Crime No. 152 of 2020, under Section- 307 I.P.C., Police Station- Sarai Khwaja, District Jaunpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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The applicant shall not tamper with the prosecution evidence

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by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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

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Order Date :- 11.1.2021 Arvind

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.11 17:43:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Sujeet Kumar Yadav @ Aaddu v. State of U.P.

Case brief

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Sujeet Kumar Yadav @ Aaddu v. State of U.P.

Case brief

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