Allowed

Vijay Kumar Yadav v. State of U.P.

Allahabad HC3 Jun 2022BAIL/4782/2022

Case brief

AI extract

What is this about?

This bail application allowed the release of the applicant, Vijay Kumar Yadav, on a personal bond and two sureties after the court found merit in the contention that the applicant acted in self-defence during a family dispute.

What did the court decide?

The applicant released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below.

Vijay Kumar Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4782 of 2022

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Applicant :- Vijay Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ranvijay,Dileep Kumar Srivastava,Prabha Shanker Pandey

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Counsel for Opposite Party :- G.A.,Bhaiya Lal Yadav

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.1136 of 2020 at Police Station Nawabganj District Prayagraj under Sections 323, 325, 504, 308 IPC. The applicant is in jail since 05.01.2022.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/ Special Judge S.C/S.T Act, Allahabad on 13.01.2022.

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Shri Prabha Shanker Pandey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The criminal case arises out of family dispute which suddenly escalated into violent brawl. A vague and a general role has been assigned to the applicant in FIR. The applicant has not been identified as the principal offender who inflicted grievous and life threatening injuries on the injured. This is a cross case. The applicant acted in defence of his life and property. The applicant did not exceed his right of self-defence. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant

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case.

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Shri Bhaiya Lal Yadav, learned counsel for the informant and Shri I.P. Srivastava, learned AGA could not satisfactorily dispute the aforesaid submissions from the record. Learned A.GA does not contest the criminal history of the applicant as disclosed in the bail application.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Vijay Kumar Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

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disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 3.6.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.06.06 11:07:49 IST Reason: Location: High Court of Judicature at Allahabad

Vijay Kumar Yadav v. State of U.P.

Case brief

What is this about?

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Vijay Kumar Yadav v. State of U.P.

Case brief

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