Allowed

Anshu Yadav @ Sanjiv v. State of U.P.

Allahabad HC21 Oct 2022BAIL/9823/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Anshu Yadav, a co-accused who has been in detention since October 2021. The court relied on parity arguments with a co-accused already at liberty and cited Supreme Court precedents regarding custody conditions without deciding the merits of the case.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each, subject to verification and specific conditions.

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

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9823 of 2022

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Applicant :- Anshu Yadav @ Sanjiv Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi,Dinesh Kumar Singh Counsel for Opposite Party :- G.A.,Fakhruzzaman

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant; Mohd. Adil holding brief of Shri Fakhruzzaman, learned counsel for the informant and learned A.G.A for the State.

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The submission is that co-accused, Gaurav, has already been enlarged on bail vide Criminal Misc. Bail Application No. 18408 of 2022 on 8.9.2022 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 12.10.2021.

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On the other hand learned A.G.A. and learned counsel for the informant have opposed the prayer for bail.

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Keeping in view the nature of the o0ence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Anshu Yadav @ Sanjiv, involved in Case Crime No. 308 of 2021, under Sections 326A,120B,34 IPC, Police Station- Kotwali Konch District- Jalaun, be released on bail on his

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furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be veriAed.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date Axed, unless personal presence is exempted.

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The applicant shall not commit an o0ence similar to the o0ence of which they are accused, or suspected of the commission of which they are suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police oDcer or tamper with the evidence.

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In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.

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Order Date :- 21.10.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.10.22 14:24:21 IST Reason: Location: High Court of Judicature at Allahabad

Anshu Yadav @ Sanjiv v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anshu Yadav @ Sanjiv v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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