Allowed

Anand Yadav v. State of U.P. Thru. the Prin. Secy. Home. Lucknow

Allahabad HC3 Jul 2023/6363/2023

Case brief

AI extract

What is this about?

In this bail application, the court granted release to the applicant for alleged murder and conspiracy. The bench noted that prosecution witnesses who ostensibly saw an assault instead claimed a road accident caused death, and the applicant had no prior criminal history.

What did the court decide?

Applicant released on bail via personal bond and two sureties upon conditions to not tamper with evidence, pressurize witnesses, and appear in court.

Anand Yadav Vs State of U.P. Thru. the Prin… — Murder and Culpable Homicide | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:42323

¶2

Court No. - 14

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6363 of 2023

¶4

Applicant :- Anand Yadav Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home. Lucknow Counsel for Applicant :- Rang Nath Misra,Anil Kumar Mishra,Arvind Kumar Pathak,Sandeep Kumar Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Manish Kumar,J.

¶6

Heard Sri Arvind Kumar Pathak, learned counsel for the applicant as well as learned AGA 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. 266 of 2022, under Sections 120-B, 302 I.P.C., registered at Police Station Cantt., District Ayodhya.

¶8

The aforesaid case has been registered on the basis of F.I.R. lodged on 09.08.2022 at 22:16 hours against three named accused persons, including the applicant, alleging that at about 10:00-11:00 on 09.08.2022, the accused persons had called the informant's younger brother to a birthday party behind a college and for some reason, the applicant and co-accused Ananad Yadav beaten him up with iron rod and sticks. The informant's brother was found lying unconscious on a road, he was taken to the District hospital, Ayodhdya from where he was referred to Trauma Center, Lucknow.

¶9

It is further submitted that the other co-accused persons namely Nankoo Nishad @ Ajai Nishad & Pankaj Yadav have approached this Court by filing Criminal Misc. Bail Application Nos. 6607 of 2023 & 14794 of 2022 wherein this Court had granted bail to them vide its orders dated 19.05.2023 and 14.06.2023 respectively, copy of said orders have been produced by learned counsel for the applicant during the course of argument, which are taken on record. It is further submitted that the role assigned to the applicant and the aforesaid co-accused persons are identical. Applicant is languishing in jail since 12.08.2022.

¶10

The inquest report states that it was witnessed by Rakesh Kumar Yadav and Dinesh Yadav along with three other persons and all witnesses opined that the deceased got injured in a road accident.

¶11

The learned A.G.A. has opposed the bail application but very fairly conceded that the role assigned to the applicant

¶12

and two other co-accused persons to whom bail has been granted by this Court is identical.

¶13

Having considered the aforesaid facts and circumstances of the case, it appears that both the aforesaid witnesses, who claim themselves to have witnessed the incident were witnesses of the inquest proceedings, where they both have stated that the deceased died due to road accident, coupled with the fact that the applicant has no criminal history and he is languishing in jail since 12.08.2022 and without making any observations which may affect the merits of the case, I am of the view that the aforesaid facts are sufÏcient for making out a case for enlargement of the applicant on bail.

¶14

Accordingly, this bail application stands allowed .

¶15

Let the applicant- Anand Yadav be released on bail in Case Crime No. 266 of 2022, under Sections 120-B, 302 I.P.C., registered at Police Station Cantt., District Ayodhya, 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: -

¶16

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

¶17

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

¶18

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

¶19

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

¶20

Order Date :- 3.7.2023 Nitesh

¶21

Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Anand Yadav v. State of U.P. Thru. the Prin. Secy. Home. Lucknow

Case brief

What is this about?

What did the court decide?

Anand Yadav v. State of U.P. Thru. the Prin. Secy. Home. Lucknow

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Child in Conflict With Law Thru. Father Md. Raseed @ Raseed Mohammad vs State of U.P. Thru. Prin. Secy. Home, Civil Secrtt. Lko. and Others

Nazim Thru. His Mother Smt. Saira Bano @ Smt. Sakira Bano vs State of U.P. Thru. Prin. Secy. Home Deptt., Lko. and Another

Mukaddar Ali Vs State of U.P.. Thru. Prin. Secy. Deptt. Home Lko.

Bhanoo Pratap Singh Vs State of U.P. Thru. Prin. Secy. Home Civil Lko.

Prabal Shukla Vs State of U.P. Thru. Prin. Secy. Civil Sect. Home Deptt. Lko

Yogesh Kumar Singh Alias Gopu Vs State of U.P Thru. Prin. Secy (Home) Gov. of U.P Civil Sectt. Lko