Allowed

Abhishek Yadav v. State of U.P.

Allahabad HC28 Sept 2022BAIL/12345/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application regarding charges of rioting, affray, and attempted murder, the single-judge High Court allowed bail by relying on the precedent of Dataram Singh, imposing a personal bond and two local sureties along with standard conditions against tampering with witnesses.

What did the court decide?

Release on bail by furnishing a personal bond and two local sureties of like amount subject to standard conditions.

Abhishek Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12345 of 2022

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Applicant :- Abhishek Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Kaushal Jayendra Thaker,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.

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The present bail application has been filed by the applicant, Abhishek Yadav with a prayer to enlarge him on bail in Case Crime No.283 of 2021 under Sections 34, 147, 148, 149, 307, 325, 323, 504, 506 of I.P.C., Police Station Sikara, District Jaunpur.

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Learned counsel for the applicant has submitted that the applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant has been in jail since 24.12.2021, hence, he is entitled to bail.

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Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and the the decision of the Apex Court in Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant-Abhishek Yadav involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) The applicant shall not indulge in any criminal activity.

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(ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses.

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(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

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Order Date :- 28.9.2022 DKS

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Digitally signed by DEEPAK KUMAR SRIVASTWA Date: 2022.09.30 10:02:55 IST Reason: Location: High Court of Judicature at Allahabad

Abhishek Yadav v. State of U.P.

Case brief

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Abhishek Yadav v. State of U.P.

Case brief

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