Allowed

Manoj Yadav v. State of U.P.

Allahabad HC17 Oct 2022BAIL/46235/2022

Case brief

AI extract

What is this about?

This court allowed a bail application filed by Manoj Yadav in a criminal case under Sections 323, 504, 506, and 308 IPC. The court considered the nature of the offence, the existence of a compromise deed, and the applicant's lack of prior criminal history before granting bail.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties in the like amount.

Manoj Yadav Vs State of U.P. — Domestic Violence | Allahabad HC (2022)

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Court No. - 58

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46235 of 2022

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Applicant :- Manoj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Singh,Jai Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused-applicant- Manoj Yadav for grant of bail, in case Crime No. 436 of 2018, under Section 323, 504, 506, 308 I.P.C., Police Station Chaubeypur, District Varanasi, during trial.

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It is submitted by the learned counsel for the applicant that the complainant is the wife of the applicant. the first information report was lodged against the applicant and his father with the allegation that applicant had beaten the complainant with kick, punches and sticks and also threatened to kill her. He has further submitted that the injuries received by the complainant are simple in nature except the injury no.3. It is urged that in her second statement recorded under Section 161 Cr.P.C. the complainant herself stated that everything is fine between them, she had settled her dispute with husband and she used to live with her husband. It is further urged that a compromise was entered between the parties on 04.01.2019 in which it is stated that both the parties have resolved their dispute and reunited and they agreed that the cases pending between them shall be withdrawn, the said compromise deed is annexed as Annexure No.SA-4 to the supplementary affidavit.

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Learned counsel for the applicant further submits that the informant has also initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 being Complaint Case No. 1250 of 2018, in which compromise was filed and the complainant stated that they have amicably settled their dispute and she is no longer desirous to pursue the case and the case was decided on the basis of compromise and the proceedings of the complaint case were quashed. A copy of the order dated 04.01.2019 is annexed as annexure No.SA-5 to the supplementary affidavit. It is further submitted that the applicant is languishing in jail since 06.07.2022 having no criminal history to his credit deserves to be released on bail. In

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case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, considering the compromise deed entered between the parties, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Manoj Yadav involved in the aforesaid 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 with the following conditions that :-

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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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 17.10.2022 Abhishek Singh

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Digitally signed by ABHISHEK SINGH Date: 2022.10.18 14:42:14 IST Reason: Location: High Court of Judicature at Allahabad

Manoj Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manoj Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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