Allowed

Subhash Yadav v. State of U.P.

Allahabad HC16 Dec 2022BAIL/48342/2022

Case brief

AI extract

What is this about?

This judgment grants bail to the applicant, Subhash Yadav, in a criminal case involvingSections 504, 506, and 307 IPC. The court allowed the application, noting that co-accused had secured bail and injury reports did not indicate grievous injuries, subject to standard conditions.

What did the court decide?

Order to release the applicant on bail upon furnishing a personal bond and two reliable sureties subject to stipulated conditions.

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

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48342 of 2022

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Applicant :- Subhash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A.,Manoj Kumar Pandey

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Yadvesh Yadav, the learned counsel for the applicant, Sri D.K. Srivastava, the learned A.G.A. for the State, Sri Manish Kumar Mishra, learned Advocate, holding brief of Sri Manoj Kumar Pandey, learned counsel for the informant and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.232 of 2022, under Sections 504, 506, 307 I.P.C., P.S. Cholapur, District Varanasi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged against the applicant and his brother Subhash Yadav by his own brother Brijesh Yadav alleging that both the informant's brother and three-four other persons made indicriminate firing towards him and one of the bullets pierced through his finger and hit on his head and another bullet hit in the left hand of the informant's son.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 5.8.2022.

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Learned counsel for the applicant has submitted that the coaccused Bahadur Yadav has already been granted bail by means of an order dated 7.12.2022 passed by this Court in Criminal Misc. Bail Application No. 48249 of 2022.

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6.Having considered the aforesaid facts and submissions and keeping in view the fact that the injury reports of both the injured person do not mention the injury to be grievous in nature and also that the co-accused person has been granted bail, I am of the view that the applicant is entitled to be released on bail pending conclusion of the trial. The bail application is accordingly allowed .

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7.Let the applicant - Subhash Yadav be released on bail in Case Crime No.232 of 2022, under Sections 504, 506, 307 I.P.C., P.S. Cholapur, District Varanasi on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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

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

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Order Date :- 16.12.2022

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Deepika

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Digitally signed by DEEPIKA SINGH Date: 2022.12.21 11:25:01 IST Reason: Location: High Court of Judicature at Allahabad

Subhash Yadav v. State of U.P.

Case brief

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Subhash Yadav v. State of U.P.

Case brief

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