Allowed

Ajay Yadav @ Yashwant Yadav v. State of U.P.

Allahabad HC13 Jan 2023BAIL/13816/2022

Case brief

AI extract

What is this about?

This High Court allowed a bail application under Section 376 IPC where the applicant alleged false implication due to local election-related rivalries, contradictions in witness statements, and medical report discrepancies.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned.

Ajay Yadav @ Yashwant Yadav Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13816 of 2022

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Applicant :- Ajay Yadav @ Yashwant Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mahender Pal Singh Yadav,Amaresh Yadava,Atul Pandey,Brajesh Kumar Chaturvedi,Neeraj Kumar Pandey,Ravindra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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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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The present bail application has been filed on behalf of applicant in Case Crime No. 24 of 2022, under Sections 376 of IPC, Police Station Sidhari, District Azamgarh with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case due to village party bandi. It is submitted that since the husband of the victim contested the election of Gram Panchayat for the post of Gram Pradhan and the younger brother of the applicant also contested the election against the husband of the victim. It is further submitted that there are material contradictions in the statement of eye witness and the victim as stated under Section 161 and 164 Cr.P.C. It is submitted that the medical report does not corroborate the version of rape committed by the applicant. It is further submitted that applicant is languishing in jail since 20.01.2022 having no criminal history and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Ajay Yadav @ Yashwant Yadav in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). 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 from disclosing such facts to the Court to any police officer or tamper with the evidence.

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

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Order Date :- 13.1.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Ajay Yadav @ Yashwant Yadav v. State of U.P.

Case brief

What is this about?

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Ajay Yadav @ Yashwant Yadav v. State of U.P.

Case brief

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What did the court decide?

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