Single Judge granted anticipatory bail to four applicants in a Quasi-Cognizable offenc. Conditions attached include surrendering passports and maintaining presence during trial. Based on nature of accusation with limited weapons. Order date 3.2.2022
Applicants released on anticipatory bail with personal bond of Rs. 25,000/- and two sureties.
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Court No. - 78
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 320 of 2022
Applicant :- Savaru Yadav And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the parties through WebEx Video Conferencing platform and perused the material brought on record.
The instant anticipatory bail application has been filed on behalf of the applicants, Savaru Yadav, Lakshman Yadav, Paras and Ajay @ Mithoon, with a prayer to release him on anticipatory bail in Case Crime No. 27 of 2021, under Sections 308, 323, 504, 452 IPC, Police Station- Dildarnagar, District- Ghazipur, during pendency of trial.
It is contended by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case with some ulterior motive. There is no whisper in the present case about the motive of the applicants to commit such offence. The injuries received by the informant are simple in nature and injuries caused to other injured appears to be manufactured one to increase the gravity of the crime. It is a case of simple maar-peet. As a matter of fact informant is addicted to drugs and he would have fallen somewhere and caused injuries. It is further contended that applicants have no previous criminal history to their credit. There is also no possibility of applicants either fleeing away from the judicial process or tampering with the witnesses.
Learned AGA vehemently opposed the prayer for bail.
Without expressing any opinion on the merits of the case and considering the nature of accusations and their antecedents, the applicants are entitled to be released on anticipatory bail in this case.
Let the aforesaid named applicants involved in the aforesaid crime be released on anticipatory bail on their furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:-
Order Date :- 3.2.2022
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Sushila Aggarwal vs. State (NCT of Delhi)Referred¶15
Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. · Who else cites this
1 provisions across 1 enactments
Savaru Yadav And 3 Others
Vivek Kumar Singh
As recorded by the court registry
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