Allowed

Sujeet Yadav v. State of U.P.

Allahabad HC2 Feb 2023BAIL/1537/2023

Case brief

AI extract

What is this about?

In this bail application, the Hon'ble Court allowed the release of the applicant, Sujeet Yadav, on bail. The Court noted that while the applicant had a criminal history, the allegations in the present case pointed to mischief and not extortion. Consequently, the Court held it was a fit case to grant bail subject to specific conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties with conditions to appear in court, not tamper with evidence, and not engage in criminal activities.

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

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Court No. - 84

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1537 of 2023

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Applicant :- Sujeet Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Shukla Counsel for Opposite Party :- G.A.,Sudhir Kumar

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Hon'ble Sameer Jain,J.

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Heard Shri Ajay Kumar Shukla, learned counsel for the applicant, Shri Sudhir Kumar, learned counsel for the informant and Shri Ravi Kant Kushwaha, learned A.G.A. for the State.

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The instant application has been filed on behalf of the applicant to release him on bail in Case Crime No. 0072 of 2022, under Sections 386, 427, 504 I.P.C., Police Station Meja, District Prayagraj during pendency of the trial in the court below.

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The F.I.R. of the present case was lodged against applicant and one other named person and one another unknown person under Sections 386, 504, 427 I.P.C. and as per the allegation, applicant along with two others at the petrol pump created ruckus and damaged the property of petrol pump.

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Learned counsel for the applicant submits that entire allegations made against the applicant is totally false and baseless and even if the allegations made against the applicant is accepted then also no offence under Sections 386 I.P.C. is made out and at most only offence under Section 427 I.P.C. is made out. He further submits that although applicant is having criminal history but it has been explained in paragraph no.10 of the affidavit filed in support of the bail application and only due to his previous criminal history, he has been implicated in the present matter and in the present matter, he is in jail since 24.10.2022.

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Per contra, learned A.G.A. as well as learned counsel for the informant has opposed the prayer for bail and submitted that applicant is habitual offender and used to commit such type of offence and applicant is having long criminal history of 20 cases and applicant explain only 9 cases but both the counsels could not dispute the fact that as per the allegations, the case does not travel beyond Section 427 I.P.C.

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I have heard learned counsel for the parties and perused the record of the case.

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It appears from the record that on the basis of allegation of mischief, applicant has been implicated in the present matter. Although, applicant also challaned under Section 386 I.P.C. but there is no allegation with regard to the extortion. Although, applicant is having long criminal history of 20 cases but merely on the basis of long criminal history, the present bail application cannot be rejected if otherwise case of bail is made out. Therefore, I am of the view, it is a fit case to release the applicant on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed.

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Let the applicant- Sujeet 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 anti-social 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 :- 2.2.2023 P.S.Parihar

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Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad

Sujeet Yadav v. State of U.P.

Case brief

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Sujeet Yadav v. State of U.P.

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