Allowed

Dileep Yadav v. State of U.P.

Allahabad HC11 Apr 2023BAIL/13570/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed for applicant Dileep Yadav charged under Section 307 IPC for firing at a police party. The court held that since no injuries were sustained and the criminal history was explained, bail was granted on personal and surety bonds. The decision was rendered without expressing an opinion on merits.

What did the court decide?

Release on bail with personal bond and two sureties in like amount, subject to standard conditions including appearance and no tampering.

Dileep Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13570 of 2023

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Applicant :- Dileep Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shrikant Singh Yadav,Shivajee Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Shivajee Srivastava, learned counsel for the applicant and Sri Tanay Kumar, learned AGA, for the State.

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The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.247 of 2022, under Section 307 IPC, Police Station Gahmar, District Ghazipur during pendency of the trial.

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According to the prosecution case, applicant and his two associates opened fire upon the police party but luckily none sustained any injury.

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Learned counsel for the applicant submits that applicant has falsely been implicated in the present matter and admittedly none sustained any injury. He further submits that applicant is having criminal history of 5 other cases but his criminal history has been explained in paragraph-12 to the affidavit filed in support of the present bail application.

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He further submits that applicant in the present matter is in jail since 22.9.2022.

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Per contra, learned AGA opposed the prayer for bail and submits that applicant and his two associates opened fire upon the police party and he is also having criminal history of 5 other cases but he could not dispute the fact that in the alleged firing none sustained any injury.

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I have heard learned counsel for the parties and perused the

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record of the case.

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Although there is allegation against the applicant that he and his two associates opened fire upon the police party but admittedly none sustained any injury and he is in jail in the presence matter since 22.9.2022 and criminal history of applicant has been explained in paragraph-12 to the affidavit filed in support of the present bail application, therefore, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Dileep 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 the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 11.4.2023 SKM

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Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad

Dileep Yadav v. State of U.P.

Case brief

What is this about?

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Dileep Yadav v. State of U.P.

Case brief

What is this about?

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