A single judge granted bail to the applicant who had been in jail since August 2022. The court noted the unexplained delay in filing the FIR and the omission of the alleged victim from the chargesheet as grounds favorable to the applicant.
Released on bail in Case Crime No. 583 of 2018, subject to a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48227 of 2022
Applicant :- Ajay Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla,Pawan Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
keeping in view the fact that the incident is alleged to have occurred on 05.07.2018 whereas the F.I.R. has been lodged on 10.07.2018, there is no explanation for the delay in lodging the F.I.R. and that the chargesheet does not mention the name of the person alleged to have been injured by the applicant as witness, coupled with the fact that the applicant has no criminal history, I am of the view that the applicant is entitled to be released on bail.
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(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 disclosing such facts to the Court to any police officer or tamper with the evidence.
Order Date :- 16.12.2022
Jaswant
Digitally signed by JASWANT KUMAR Date: 2022.12.16 18:43:45 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 the pending criminal trial.
Whether the delay in lodging FIR and omission of injured witness in chargesheet warrants bail.
1 provisions across 1 enactments
Ajay Kumar Yadav
Subhash Vidyarthi
Jaswant Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
