Allowed

Avneesh Yadav v. State of U.P.

Allahabad HC23 Mar 2022BAIL/54378/2021

Case brief

AI extract

What is this about?

Single judge ordered bail for accused charged with Section 307 IPC, treating injuries as minor and citing law against life imprisonment, subjecting the applicant to conditions including attendance and no tampering.

What did the court decide?

Released on bail with personal bond and two sureties, subject to attending trial, no tampering with witnesses, and compliance with other standard conditions.

Avneesh Yadav Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54378 of 2021

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Applicant :- Avneesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Singh Yadav,Vinay Kumar Singh Counsel for Opposite Party :- G.A.,Aradhana Singh

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard learned Counsel for the applicant, learned counsel for the first informant as well as learned A.G.A. and perused the record.

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The accused applicant, Avneesh Yadav is involved in Case Crime No. 314 of 2021, under Sections 307 I.P.C. registered at Police Station Badlapr, District Jaunpur.

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It is argued by the learned counsel for the applicant that in the statement of the doctor, appended at page-'16' of the supplementary affidavit, he has stated that at the time of examination in emergency he found one contusion and one abrasion kharas on the person of the injured. The diary and mobile kept in the pocket were damaged due to fire shot. A bullet was found in the mobile and the injured was referred to Sadar Hospital, Jaunpur. On the basis of this, it is argued that the injuries are minor. It is also admitted that the accused is having criminal history of four cases. Out of these cases, he is said to be on bail in three cases and in the fourth case, which has been imposed upon him after this case regarding recovery of country made pistol, the bail application in that case is pending. The accused is said to be languishing in jail from 26.10.2021, hence, the prayer for bail is made.

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Learned counsel for the first informant has submitted that he is the Gram Pradhan and the present accused was second in number getting votes regarding this election so he has developed enmity with him. He had given threat that he (first informant) could not live longer and now after this attempt of his murder, family members of the accused give him threat regarding which NCR has been registered.

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The medical report is appended at page - '20' of the paper book wherein as per the statement of doctor one contusion of 7 cm x 2 cm over left side of chest and 4 cm below left nipple has been found and second injury is an abrasion 2 cm x 0.7 cm over left

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side of chest and 8 cm below left side nipple, ruptured diary and ruptured mobile phone are also mentioned in the injury report. The presence of bullet has also been mentioned.

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The bail application has also been opposed by the learned A.G.A.

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant - Avneesh Yadav, who is involved in 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 subject to following conditions:-

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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If any threat is given or any incident is found to be correct, the lower court shall be free to cancel the bail of the applicant.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 23.3.2022 gp

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Digitally signed by GANESH PRAKASH Date: 2022.03.24 18:13:05 IST Reason: Location: High Court of Judicature at Allahabad

Avneesh Yadav v. State of U.P.

Case brief

What is this about?

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Avneesh Yadav v. State of U.P.

Case brief

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