Allowed

Deepak Yadav v. State of U.P.

Allahabad HC16 Aug 2023BAIL/33309/2023

Case brief

AI extract

What is this about?

High Court granted bail to Deepak Yadav in a trial pending case involving IPC offences. The court held that a case for bail is made out as all fact witnesses turned hostile and injury was minimal, distinguishing this from a coordinate bench order where another co-accused was granted bail.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to conditions including cooperation with trial and no tampering with witnesses.

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

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Neutral Citation No. - 2023:AHC:164571

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33309 of 2023

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Applicant :- Deepak Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma, J.

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This is second bail application on behalf of the applicant- Deepak Yadav.

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The first bail application was rejected by this Court vide order dated 28.03.2023.

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

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The instant application for bail has been moved on behalf of the applicant, Deepak Yadav, with the prayer to enlarge him on bail in Case Crime No. 775 of 2022, under Sections 376-D, 328, 352, 504, 505, I.P.C and 67-A I.T Act, Police Station Tundla, District- Etah, during pendency of the trial.

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Learned counsel for the applicant has submitted that in the statement of first informant recorded under Sections 161 and164 Cr.P.C, has been recorded, no medical examination has been conducted, in which she has raised allegation against the co-accused.

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Contrary to that the victim has not supported the prosecution and in her statement under Sections 161 and 164 Cr.P.C. Even in her cross-examination, she refused to recognize the applicant - Deepak Yadav. She has deposed in cross-examination that Deepak Yadav had not made any video and he neither abused nor threatened her.

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In the similar set of facts, co-accused Abhay Kumar @ Abhay Pandit has been granted bail by coordinate Bench of this Court vide order 04.08.2023 in Criminal Misc. Bail Application No. 3762 of 2023 , copy of the same provided by the learned counsel for the applicant is taken on record.

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Learned counsel for the applicant has also submitted that the accused/applicant is languishing in jail since 02.01.2023 , who has no previous criminal history. His further submission is that in case, the applicant is enlarged on bail, he will not misuse the liberty of bail and he will also fully cooperate with the trial court in getting the trial concluded expeditiously. He has also submitted that the applicant will not intimidate or pressurize the witnesses or any other persons acquainted with the facts of the present case.

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Per contra, learned A.G.A. for the State has vehemently opposed the prayer for grant of bail, but could not rebut the aforesaid facts and evidence.

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From perusal of the record, it transpires that all the witnesses of the fact have turned hostile and no injury except the ligature mark was found on the person of the deceased, without expressing any opinion on the merit of the case, a case for bail is made out. The bail application is, thus, allowed.

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Let the applicant, Deepak Yadav, be released on bail in the aforesaid case on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial;

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The applicant shall cooperate in the trial sincerely without seeking any adjournment;

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail;

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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 them from disclosing such facts to the Court or to any police officer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, in case the witnesses are present in court;

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that the trial of the aforesaid case shall be conducted without being influenced by any observation made herein above which are confined to the disposal of the instant application for bail.

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Order Date :- 16.8.2023 Vinod.

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Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad

Deepak Yadav v. State of U.P.

Case brief

What is this about?

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Deepak Yadav v. State of U.P.

Case brief

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