Allowed

Pankaj Yadav v. State of U.P.

Allahabad HC1 Feb 2021BAIL/4552/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the court released the applicant on bail during the pendency of the trial in a criminal case involving grievous hurt and other offences, subject to standard conditions.

What did the court decide?

Release of applicant on bail under Section 439 Cr.P.C. subject to personal bond, two sureties, and conditions to attend trial and not tamper with witnesses.

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

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4552 of 2021 Applicant :- Pankaj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Nikhil Kumar,Mayuri Mehrotra Counsel for Opposite Party :- G.A.,R P Rajan

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant, Sri R.P. Rajan, learned counsel for the informant, learned A.G.A.for the State and perused the record.

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This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 244 of 2020 under Sections 147, 323, 354-B, 504, 506, 304 I.P.C., Police Station Cholapur, District Varanasi during the pendency of trial.

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As per F.I.R. lodged by Abhishek Yadav, his father Gubal Yadav was raising med in the field of accused which was being resisted and it led to the occurrence of the incident, having taken place in which his father was assaulted by 'lathi' and 'danda' by the accused side which were five in number including the accused-applicant and when the informant's mother reached there to save him, her sari was also torn. In post-mortem report, one injury is found to have sustained by the deceased and cause of death is recorded as coma as a result of ante-mortem head injury.

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Learned counsel for the applicant has submitted that there was cross version and a report was also lodged by the accused side, which was registered as Case Crime no. 0243 of 2020. The report was lodged by the complainant side was registered as Case Crime no. 0244 of 2020. In the first information report only general allegation of assaulting the deceased with lathidand has been made against five persons including applicant.

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The postmortem report of the deceased shows only one injury on his head. No specific role has been assigned to the applicant and it is not specified that who had caused the injury to the deceased. Further submission is that similarly place co-accused Lalji and Kapil Yadav have already been enlarged on bail by coordinate Benches of this Court vide orders dated 11.1.2021 and 12.1.2021 passed in Criminal Misc. Bail Application nos. 279 of 2021 and 798 of 2021, copy of bail orders produced by learned counsel for the applicant is taken on record. He lastly submits that the applicant, who is in jail since 7.8.2020 and has no criminal antecedents to his credit is entitled to be enlarged on bail during pendency of the trial on the ground of merits as well as parity.

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The prayer for bail has been vehemently opposed by learned A.G.A.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.

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Let the applicant, Pankaj Yadav be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 1.2.2021 Faridul

Pankaj Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pankaj 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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