Allowed

Sunil Yadav and Another v. State of U.P.

Allahabad HC29 Aug 2022BAIL/18635/2022

Case brief

AI extract

What is this about?

Order allowing bail in a criminal miscellaneous application involving murder and affray charges. The High Court-appointed judge found the applicants entitled to bail, considering them innocent, with no criminal record, and on similar footing as a co-accused already released.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount subject to specified conditions regarding evidence and tampering.

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

¶1

Court No. - 76

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18635 of 2022

¶3

Applicant :- Sunil Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A.

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.

¶6

It is submitted that the applicants are innocent and have been falsely implicated for causing injuries to the deceased Khem Chandra who sustained injuries and later on died on 08.11.2021. It is further submitted that role of assaulting with Lathi and Danda has been assigned to these applicants and coaccused Jagram, who has already been granted bail in Criminal Misc. Bail Application No. 19935 of 2022 on 14.07.2022 having similar allegations. The case of these applicants is on similar footing and they are in jail since 13.11.2021 having no criminal antecedent and they are entitled for bail. In case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.

¶7

Learned AGA opposed the prayer for bail.

¶8

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that co-accused person has already been granted bail and the case of this applicants is on similar footing and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

¶9

Let the applicants Sunil Yadav and Pushpendra Singh involved in Case Crime No. 0229 of 2021, under Sections 302, 452,147,148,149,323,504,506, 120B I.P.C., P.S. Garautha, District Jhansi be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶10

The applicants will not tamper with the evidence during the trial.

¶11

The applicants will not pressurize/ intimidate the prosecution

¶12

witness.

¶13

The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.

¶14

The applicants shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.

¶15

The applicants 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 him from disclosing such 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, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶17

Order Date :- 29.8.2022

¶18

T.S.

¶19

Digitally signed by TRIBHUWAN SINGH Date: 2022.08.30 10:21:42 IST Reason: Location: High Court of Judicature at Allahabad

Sunil Yadav and Another v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sunil Yadav and Another 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

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Sonu Vs State of U.P.

Ghanshyam Rai Vs State of U.P.

Bittu Vs State of U.P.

javed Vs State of U.P.

Som Alias Shivam Vs State of U.P.

Saremnath Vs State of U.P.