Court granted bail to Arjun Yadav in a CMI regarding Sections 363 and 366 IPC. The applicant was released on personal bond and two local sureties subject to standard conditions.
Release of applicant on bail on personal bond and two local sureties subject to conditions.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38178 of 2022
Applicant :- Arjun Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rama Yadav,Tripurari Pal Counsel for Opposite Party :- G.A.
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicants Arjun Yadav with a prayer to enlarge them on bail in Case Crime No. 106 of 2022, under Sections 363, 366 I.P.C., Police Station Kadadham, District Kaushambi.
Learned counsel for the applicant has submitted that applicant is innocent and he has been falsely implicated in the present case. Learned counsel for the applicant has further submitted that allegations against the applicant are false and fabricated. He further submits that there is no explanation for the delay in lodging the F.I.R. He further submitted that victim in her statements recorded under Sections 161 And 164 Cr.P.C stated that she with her own will went with applicant and want to live with the applicant. He further submits that there are no criminal history of the applicants and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. The applicants have been in jail since 02.05.2022, hence, he is entitled to bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicants.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the decision of the Apex Court in Dataram Singh Vs. State of U.P. and another, (2018) 3 SCC 22 , without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 28.9.2022 PS
Digitally signed by POOJA SHARMA Date: 2022.10.01 16:00:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant under Sections 363 and 366 IPC.
Whether the appropriate conditions for bail can be framed for the applicant.
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
Arjun Yadav
Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Kaushal Jayendra Thaker
Parties & counsel
