In a bail application under Sections 41, 411, 419, 420, 467, 468, 471 IPC, the single judge allowed the applicant's petition rejecting the need to examine merits of the case while imposing standard bail conditions.
Released on bail by furnishing a personal bond and two sureties to the satisfaction of the court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51983 of 2022 Applicant :- Dhananjay Kumar Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Mishra,Nagendra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 229 of 2022 at Police Station Gahmar, District Ghazipur under Sections 41, 411, 419, 420, 467, 468, 471 I.P.C. The applicant is in jail since 26.08.2022.
The bail application of the applicant was rejected by learned trial court on 01.11.2022.
The following arguments made by Shri Ashok Kumar Mishra, learned counsel assisted by Shri Nagendra Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
(1). One motorcycle was planted on the applicant to frame him in the instant case to show proficiency of the police investigators.
(2). There is no independent witness to the recovery.
(3). Prosecution evidence does not connect the applicant with the offence.
(4). Explaining the criminal history of the applicant it is contended that the applicant belongs to the economically poor strata of the society and is easy
scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.
(5). 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 -Dhananjay Kumar 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 :- 13.1.2023
Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail should be granted to the applicant in the under-trial criminal case.
Whether the applicant is a suitable candidate for bail considering the circumstances.
Dhananjay Kumar Yadav
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
