Allowed

Ankit Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko.

Allahabad HC9 Oct 2023/1377/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Ankit Yadav in a case involving Section 323, 325, and 364 IPC. The court noted the applicant had no criminal history, was in jail without trial progress, and injuries in the prelimenary inquiry were not grievous, granting bail subject to standard conditions.

What did the court decide?

The applicant was released on bail upon furnishing a personal bond and two sureties, subject to conditions not to tamper with evidence and to appear in court.

Ankit Yadav Vs State of U.P. Thru. Prin. Secy. Home… — Cheating and Forgery | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:65126

¶2

Court No. - 16

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1377 of 2023 Applicant :- Ankit Yadav

¶4

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko. Counsel for Applicant :- Shamshad Ahmad Khan Counsel for Opposite Party :- G.A.

¶5

Hon'ble Subhash Vidyarthi,J.

¶6

Heard Sri Shamshad Ahmad Khan, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A-I for the State and perused the record.

¶7

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 190 of 2022, under Section 323, 325, 364 I.P.C., registered at Police Station Bazar Shukul, District Amethi.

¶8

The aforesaid case has been registered on the basis of F.I.R. lodged on 26.08.2022 against one Monu and two unknown person, stating that the accused persons blocked the way of the motorcycles on which the informant was riding along with one Rajkaran. The accused persons started beating the informant's son and Rajkaran ran away. The informant's son was forcibly dragged into the car and was taken away at about 4:30 pm on 26.08.2022.

¶9

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

¶10

The medico legal examination of the victim mentions five injuries of contusion and body pain. None of the injuries is grievous in nature.

¶11

In the statement of the victim recorded under Section 161 Cr.P.C, he stated that some altercation has taken between him and co-accused Monu and Monu had threatened him. He stated that he was beaten and abducted by Monu Sharma along with the applicant and one Anshu Sharma and while the car reached near Alaknanada Apartment, a police vehicle passed by. Being afraid, the accused

¶12

persons dropped him out of the car.

¶13

The state has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet dated 25.12.2022.

¶14

The learned counsel for the applicant has submitted that the applicant is languishing in jail since 02.11.2022 without any progress in the trial.

¶15

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 02.11.2022 without any progress in the trial and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶16

Accordingly, this bail application stands allowed.

¶17

Let the applicant- Ankit Yadav be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

¶18

(i) the applicant shall not tamper with the prosecution evidence;

¶19

(ii) the applicant shall not pressurize the prosecution witnesses;

¶20

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶21

(Subhash Vidyarthi,J.)

¶22

Order Date :- 9.10.2023 Preeti.

¶23

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Ankit Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

Ankit Yadav v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kirti Nath Tiwari Vs Directorate of Enforcement, Govt. of India , Its Assistant Director (Pmla) Somnath Choudhary

Bhanu Pratap Singh Vs State of U.P. Thru. a. C. S. Prin. Secy. Deptt. of Home Govt. Lko. and Another

Manish Agarwal Vs State of U.P. Thru. A.C.S / Prin. Secy. Home Lko. and Another

Chhanga Vs State of U.P. Thru. Pirn. Secy. Home Lko. and 3 Others

Manjoosha Dixit Vs State of U.P. Thru. Secy. Home Lko.

Koyale and 2 Others Vs State of U.P. Thru.Prin. Secy. Home Lko.