High Court allowed a bail application filed by Vijai Alias Jhinguri Yadav accused of offences under IPC and POCSO Act. Release granted on personal bond and two heavy sureties subject to standard bail conditions.
Released on bail on furnishing personal bond and two heavy sureties each in like amount subject to standard conditions.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29756 of 2022
Applicant :- Vijai Alias Jhinguri Yadav Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bhaju Ram Pprasad Sharma,Arvind Kumar Srivastava
Counsel for Opposite Party :- G.A.,Alka Srivastava
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and have been falsely implicated in the present case. He has not committed the present offence. Alleged offences are not attracted against the applicant. He is languishing in jail since 24.5.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
In this matter, as is evident from the record, no independent witness of the incident has been disclosed in the F.I.R.. Applicant is in jail since 24.5.2022. Hence, keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 , and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Vijai Alias Jhinguri Yadav involved in Case Crime No. No. 39 of 2018 (Special Session Case No. 297 of 2018), under Sections 354-ka, 504, 506, IPC, 7/8 POCSO Act, 3(1)(W) SC/ST Act, P.S. Parsamalik, District - Maharajganj be released on bail on furnishing a personal bond and two heavy 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, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 20.10.2022
safi
Digitally signed by MAHBOOB SAFI Date: 2022.10.21 10:06:06 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant has made out a case for bail despite the severity of punishment.
Whether the applicant is eligible to be released on bail under the conditions specified.
Interpretation of prevailing dictum on bail in similar circumstances citing Dataram Singh.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶9
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Vijai Alias Jhinguri Yadav
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
