Allowed

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

Allahabad HC30 Aug 2022BAIL/27247/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Tani Yadav and Another in a criminal trial involving IPC offences. The court held that the applicants had made out a case for bail based on their alleged innocence, lack of prior record, and parity with a co-accused, releasable under specified conditions.

What did the court decide?

Release of applicants on bail with a personal bond and two sureties each, subject to conditions against tampering with evidence, cooperating in trial, and refraining from criminal activity.

Tani Yadav and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27247 of 2022

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Applicant :- Tani Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Babu Dubey,Ajay Singh,Amit Kumar Srivastava,Raj Kumar Singh,Suresh Yadav Counsel for Opposite Party :- G.A,Santosh Kumar Singh,Syed Wajid Ali

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Hon'ble Deepak Verma,J.

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Heard Sri Shiv Babu Dubey, learned counsel for the applicants, Sri Santosh Kumar Singh, learned counsel for the informant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicants on bail in Case Crime No. 05 of 2021, registered under Sections 147, 308, 323, 504, 506 I.P.C., Police Station Badausa, District Banda during pendency of the trial.

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Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. Initially NCR was registered by the informant against the accused for assaulting injured by lathi and danda . Later, on the basis of injuries, Section 308 I.P.C. added. General role has been assigned to all the accused persons. No specific role to any of the accused persons. He further contended that co-accused, namely, Pappu Yadav has been granted bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No.26733 2022 vide order dated 02.08.2022, hence, the applicants are also entitled for bail on the ground of parity. The applicants have no previous criminal antecedents. The applicants are languishing in jail since 31.05.2022. In case, the applicants are released on bail, they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicants.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

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Let the applicants, namely, Tani Yadav and Akhilesh Yadav, who are involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Order Date :- 30.8.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.02 10:13:55 IST Reason: Location: High Court of Judicature at Allahabad

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

Case brief

What is this about?

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

Case brief

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