Allowed

Shubham Yadav@ Jaglar v. State of U.P.

Allahabad HC9 Sept 2022BAIL/27881/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by an accused in a case involving offences under various sections of IPC. The court held that the applicant had made out a case for bail considering facts, circumstances, co-accused bail status, and reliance on Dataram Singh precedent, subject to standard conditions including furnishing sureties.

What did the court decide?

Release on bail by furnishing personal bond and two sureties each, subject to conditions regarding tampering with evidence and cooperation in trial.

Shubham Yadav@ Jaglar 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. - 27881 of 2022

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Applicant :- Shubham Yadav@ Jaglar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Srivastava,Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit, filed today, is taken on record.

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

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.74/2022, under Sections 147, 148, 149, 307, 323, 504 and 506 I.P.C., P.S. Sikrara, District Jaunpur, during pendency of trial.

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As per F.I.R. version, applicant and other co-accused is said to have attacked upon the informant and others and caused serious injuries.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; Cross F.I.R. has been lodged and both parties have received injuries. It has been further submitted that injuries are on non vital parts of the body. It has further been argued that coaccused Aviral Yadav @ Chhotu has been granted bail by coordinate Bench of this Court vide order dated 02.09.2022 passed in Crl. Misc. Bail Application No.20615 of 2022, and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 21.04.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

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

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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

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the mandate laid down by the 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 applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Shubham Yadav@ Jaglar be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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The applicant 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 :- 9.9.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.09.12 11:55:29 IST Reason: Location: High Court of Judicature at Allahabad

Shubham Yadav@ Jaglar v. State of U.P.

Case brief

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Shubham Yadav@ Jaglar v. State of U.P.

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