The High Court of Judicature at Allahabad dismissed the bail application without recording reasons, despite a detailed reasoning paragraph within the judgment text that favored granting bail due to cross-versions and non-fatal injuries.
Release on bail with two sureties in the like amount, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14123 of 2022
Applicant :- Ajay Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Prateek Srivastava,Pradeep Kumar Tripathi Counsel for Opposite Party :- G.A.,Ashwani Kumar Yadav
Hon'ble Chandra Kumar Rai,J.
Heard Sri Prateek Srivastava, learned counsel for applicants, Sri Ashwani Kumar Yadav, learned counsel for the informant, learned A.G.A for the State and perused the record.
Applicants- Ajay Yadav and Satish Yadav @ Nirahu Yadav seek bail in Case Crime No.36/2022, under Sections 147/148/149/307/323/324/504 IPC, P.S. Karma, Sonbhadra.
It is submitted that the applicants have been falsely implicated in the present case. It is further submitted that there is cross version of the incident in which both sides have received injuries. It is further submitted that the FIR is registered on an application under Section 156(3) Cr.P.C, wherein general allegations have been assigned against the applicant. It is further submitted that the injuries were not fatal in nature. It is also submitted that co-accused Nand Lal Yadav and Suresh Yadav, whose role are not identical as to the applicant, have been granted bail by this Court in Criminal Misc. Bail Application No.13007/2022 on 1.4.2022. It is finally submitted that the applicants claim to have no previous criminal history, are in jail since 6.2.2022, undertake not to misuse the liberty of bail, trial is not likely to be concluded in the near future, they be enlarged on bail.
Learned AGA and learned counsel for the informant have opposed the prayer for bail.
Considering the facts and circumstances of the case as also the contentions noted above including the fact that there is cross version of the incident coupled with the fact that no fatal injuries are received by the injured, I am inclined to enlarge the applicants on bail.
Let the applicants involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court
concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 absence of the applicants is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.
Order Date :- 24.5.2022 C.Prakash
Digitally signed by CHANDRA PRAKASH Date: 2022.05.24 17:37:15 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicants for bail should be enlarged on bail given the cross-versions and non-fatal injuries in the incident.
What conditions should be imposed on the bail to ensure the applicants appear for trial and do not misuse their liberty.
3 provisions across 2 enactments
Ajay Yadav
Satish Yadav @ Nirahu Yadav
State of U.P.
Chandra Kumar Rai
Chandra Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
