In Criminal Misc. Bail Application No. 1107 of 2023, the Allahabad High Court allowed the bail application of Rakesh Yadav, convicted under Sections 307 and 504 IPC, ordering his release from police custody on furnishing a personal bond and two sureties.
Applicant Rakesh Yadav released on bail on furnishing a personal bond and two sureties.
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Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1107 of 2023
Applicant :- Rakesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ganesh Shanker Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 0137 of 2022 at Police Station- Kotwali, District- Basti under Sections 307, 504, IPC. The applicant is in jail since 18.03.2022.
The bail application of the applicant was rejected by the learned trial court on 12.04.2022.
The following arguments made by Shri Ganesh Shanker Srivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Sunil Kumar Srivastava, learned AGA from the record, entitle the applicant for grant of bail:
(1). The injury is not life threatening.
(2). The nature of the injuries shows that the applicant did have any intent to kill.
(3). The applicant was nominated on account of petty neighbourhood dispute.
(4). The injured had suffered injury on account of his own negligence after a heavy
drinking session.
(5). The applicant does not have any criminal history apart from this case.
(6). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Rakesh Yadav be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 17.1.2023 Pravin
Digitally signed by :- PRAVIN VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a criminal trial for offences under Sections 307, 504 IPC?
Rakesh Yadav
State of U.P.
Ajay Bhanot
Pravin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
