Allowed

Vishwanth Yadav v. State of U.P.

Allahabad HC12 Sept 2022BAIL/17452/2022

Case brief

AI extract

What is this about?

In a bail application under IPC sections 302, 307, and others, the High Court of Judicature at Allahabad allowed bail for the applicant. The court noted the applicant was not in the FIR and was only mentioned in a co-accused's confession, finding it a fit case for bail during the trial.

What did the court decide?

The applicant is released on bail on executing a personal bond and furnishing two sureties, subject to trust and appearance conditions.

Vishwanth Yadav Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17452 of 2022

¶3

Applicant :- Vishwanth Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Nath Tripathi,Preet Pal Singh Rathore Counsel for Opposite Party :- G.A.,Radheshyam Yadav

¶4

Hon'ble Mohd. Aslam,J.

¶5

Heard Sri Narendra Nath Tripathi and Sri Tripurari Pal, learned counsel for applicant, Sri Radhey Shyam Yadav, learned counsel for informant as well as Sri R.P. Mishra, learned A.G.A. for the State.

¶6

The instant application has been moved on behalf of applicant with a prayer to enlarge him on bail in Case Crime No. 303 of 2021, under Sections 302, 307, 452, 506, 511, 34 and 120-B I.P.C., Police Station- Badhalganj, District- Gorakhpur, during pendency of trial.

¶7

It has been submitted by learned counsel for the applicant that the applicant is wholly innocent and he has falsely been implicated in this case due to ulterior motive. The first information report has been lodged against as many as five named and three unknown accused persons. The applicant is not named in the first information report and his name came into light in the confessional statement of co-accused Umesh Yadav @ Ajeet Yadav. No specific role has been attributed to the present applicant. No article or weapon has been recovered from the possession or at the pointing out of the applicant. It is further submitted that similarly placed co-accused Govind Yadav has already been enlarged on bail by the coordinate Bench of this Court vide order dated 06.07.2022 passed in Criminal Misc. Bail Application No. 19137 of 2022. It is further submitted that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Therefore, the applicant, who is languishing in jail since 15.12.2021, having no criminal antecedents to his credit, deserves to be enlarged on bail during the pendency of trial.

¶8

Learned A.G.A. for the State as well as learned counsel for the informant have opposed the prayer for bail, but could not dispute the aforesaid submissions advanced by learned counsel for the applicant.

¶9

Having heard the submissions of learned counsel for the parties, nature of accusation and the severity of the punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge and keeping in view the facts and circumstances of the case, I find it to be a fit case for bail.

¶10

Accordingly, the bail application stands allowed .

¶11

Let the applicant- Vishwanth Yadav involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

¶12

i) The applicant shall not tamper with the prosecution evidence; ii) The applicant shall not threaten or harass the prosecution witnesses;

¶13

iii) The applicant shall appear on the date fixed by the trial court;

¶14

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;

¶15

v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

¶16

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶17

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

¶18

Order Date :- 12.9.2022 Vikas

¶19

Digitally signed by VIKAS VERMA Date: 2022.09.30 17:05:23 IST Reason: Location: High Court of Judicature at Allahabad

Vishwanth Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vishwanth 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shamim Vs State

Kaluti Vs State

Premi and Ors. Vs State of U.P.

Amit Kumar Vs State of U.P. and 3 Others

Ram Chandra and Others Vs State of U.P.

Kuldeep Vs State of U.P.