Allowed

Madan Yadav v. State of U.P. and Another

Allahabad HC16 Aug 2023ABAIL/5833/2023

Case brief

AI extract

What is this about?

The Allahabad High Court granted anticipatory bail under Section 438 Cr.P.C. to Madan Yadav apprehending arrest in a case involving assault. The court noted no bony injuries to victims solely from him and allowed bail till trial, imposing a personal bond and conditions of appearance, non-interference with witnesses, and non-exit from India.

What did the court decide?

Personal bond of Rs.50,000/- with two sureties each, subject to conditions of appearance, no intimidation of witnesses, non-exit from India, and surrender of passport if held.

Madan Yadav Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:165100

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Court No. - 73

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 5833 of 2023

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Applicant :- Madan Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Singh Yadav,Aniket Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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This application has been moved on behalf of the applicant Madan Yadav seeking anticipatory bail in Case Crime No. 0629 of 2020, under Sections 147, 308, 323, 504, 506 IPC, Police Station Saidpur, District Ghazipur.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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It is submitted by the learned counsel for the applicant that applicant is innocent and he has apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against him. Allegations levelled against the applicant are false. Applicant is serving in Indian Army and is posted at Leh. It is further submitted that no specific role has been assigned to the present applicant in the F.I.R. or in the statements of injured persons. No bony injury has been received by any of the injured in this case and only a rib fracture has been sustained by the injured Lavtoo. It is also submitted that there is a cross case of the present matter wherein some persons from accused side have also received injuries and F.I.R. in the matter has also been lodged from the accused side as well. It is also submitted that the applicant has also got a fracture injury in the alleged incident and no grievous or serious injuries have been sustained by any of the injured persons from the informant side. It is also submitted that the applicant has no criminal history. After completion of investigation, charge sheet has been submitted into this matter. Applicant has been cooperative during investigation. No process under Sections 82 and 83 CrPC has been issued against the applicant and the applicant has not been declared absconder. In case applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail.

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Learned A.G.A. opposed the prayer for anticipatory bail.

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I have considered the rival submissions made by the learned counsel for the parties.

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It reveals from the perusal of the record that five named accused persons including the present applicant came to the house of the informant alongwith lathi and danda and made an assault upon him and when Ravi Yadav and Chhotu Yadav tried to rescue him, they were also assaulted. F.I.R. was lodged and after investigation charge sheet has been submitted. It also reveals from the perusal of the record that the applicant has been cooperative during the course of investigation. Alleged offences are punishable with the imprisonment for a maximum period of seven years.

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In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1 , the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial.

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It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial.

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It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion.

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Considering the settled principles of law regarding anticipatory bail, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till the end of trial.

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The application is allowed accordingly.

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In the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following

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conditions:-

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(i) The applicant shall make himself available before the Court concerned on the date fixed in the matter and will cooperate in the trial.

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(ii) 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 him/her from disclosing such facts to the Court or to any police office.

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned.

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In case of default of any of the conditions, the same may be a ground for cancellation of protection granted to the applicant.

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Order Date :- 16.8.2023

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safi

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Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad

Madan Yadav v. State of U.P. and Another

Case brief

What is this about?

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Madan Yadav v. State of U.P. and Another

Case brief

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