Allowed

Manoj Kumar Yadav v. State of U.P.

Allahabad HC27 Nov 2021BAIL/8148/2021

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Manoj Kumar Yadav, under Section 307 IPC. The court noted the applicant has been in confinement for over a year, claims cooperation in investigation, and raises issues regarding false implications and FIR allegations. Bail is granted subject to conditions regarding tampering, trial cooperation, and future conduct.

What did the court decide?

Released on bail with a personal bond and two sureties in the like amount, subject to standard conditions.

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

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8148 of 2021

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Applicant :- Manoj Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anshul Tiwari,Ram Khelawan Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri V.P. Srivastava learned Senior Counsel assisted by Sri Anshul Tiwari, learned counsel for the applicant , learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant - Manoj Kumar Yadav with a prayer to release him on bail in Case Crime No. - 822 of 2020, under Sections - 307 I.P.C., Police Station - Mauaima, District - Prayagraj, during pendency of trial.

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Having heard learned counsel for the parties, at present:

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(i) against FIR lodged on 06.11.2020, the applicant is in confinement since 11.11.2020 i.e. for more than one year.

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(ii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest.

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(iii) as to criminal history, it has been pointed out that earlier also, arising from a property dispute false implication had emerged against the applicant by the same party being case crime No. 344 of 2019 wherein this Court has granted bail to the applicant on 03.9.2021 in Criminal Misc. Bail Application No. 27253 of 2021; in the case diary in that case, the Doctor has is stated to have opined that the injuries sustained were not even caused by fire arm.

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(iv) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned senior counsel for the applicant that the First Information Report allegations are plainly false inasmuch as the applicant has been named only on account of pre-existing civil dispute between the parties. According to the First Information Report allegation, gunshot was fired from the back while the injured was riding a bicycle; thus it has been suggested that the injured could never have seen the assailant.

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(v) in any case, no reasonable apprehension has been brought to

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the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.

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In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid 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, with the following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.

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

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

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In case, of breach of any of the above conditions, the bail being granted shall be cancelled.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 27.11.2021 Faraz

Manoj Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Kumar 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

Parties & counsel

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