This judgment allows bail to the applicant, Ankit Yadav. It disposes of Criminal Misc. Bail Application No. 29490 of 2022 by invoking principles from Satendra Kumar Antil v. CBI, noting the applicant made out a case.
Applicant released on bail furnishing a personal bond and two sureties each in the like amount, subject to conditions.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29490 of 2022
Applicant :- Ankit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Archit Mandhyan Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Supplementary affidavit has been filed today in the Court, is taken on record.
Heard Ms. Nazia Nafees, learned counsel for the applicant, Sri Manoj Kumar Dwivedi, learned A.G.A. for the State and perused the material brought on record.
The instant bail application has been filed with a prayer to release the applicant-Ankit Yadav on bail in Case Crime No.55 of 2021, registered under Sections 307, 147, 148, 149, 323 and 427 I.P.C., Police Station Soraon, District Prayagraj during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is a case of counterblast as both the parties have lodged F.I.R. and both the parties have sustained injuries. Initially, F.I.R. was lodged by the applicant thereafter the present F.I.R. has been lodged. General role has been assigned to all the accused persons. He further contended that coaccused, namely, Manoj has been granted bail by the court below vide order dated 05.04.2021. Role of the applicant is identical as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. No specific role has been assigned to the applicant by the injured as well as in the F.I.R. The applicant is languishing in jail since 13.03.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has vehemently opposed the bail prayer of the applicant.
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 law laid down by the Apex Court in Satendra Kumar Antil
Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Ankit Yadav, who is involved in the aforesaid case crime, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 27.9.2022 Nitin Verma
Digitally signed by NITIN KUMAR VERMA Date: 2022.09.27 13:05:33 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail in a case involving offences under Sections 307, 147, 148, 149, 323 and 423 IPC.
Whether the applicant has made out a case for bail considering the nature of offence and complicity.
Colour shows how this judgement treated each authority
Satendra Kumar Antil vs. C.B.I. & AnotherReferred¶10
Satendra Kumar Antil vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021
Ankit Yadav
Deepak Verma
Nitin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
