In a bail application under Sections 308, 452, 323, 504, 506 I.P.C., the High Court allowed the prayer for bail, observing that the applicant had made out a case given the nature of the offence and evidence.
Release on bail on personal bond and two sureties (one from family member).
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56434 of 2022
Applicant :- Neeraj Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Saxena,Dashrath Lal Counsel for Opposite Party :- G.A.,Hari Bans Singh
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Hari Bans Singh, learned counsel for the complainant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.167 of 2022, under Sections 308, 452, 323, 504, 506 I.P.C. P.S. Jhunsi, District Prayagraj.
Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. There is cross version of the incident and both side have sustained injuries on his person and it is not known as to who is the aggressor of the incident. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 2.11.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.
Learned counsel for the complainant as well as learned A.G.A. have vehemently opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Neeraj Kumar Yadav , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 24.3.2023 Dev/-
Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a bail application filed in Case Crime No.167 of 2022 under Sections 308, 452, 323, 504, 506 I.P.C.
Colour shows how this judgement treated each authority
Satendra Kumar Antil Vs. C.B.I. & AnotherReferred¶9
Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021
Neeraj Kumar Yadav
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
