Single judge allowed bail to the applicant, holding it as a fit case for bail without commenting on merits, and directed the trial court to conclude the trial within six months.
Applicant released on bail with personal bond and two heavy sureties, subject to standard conditions and verification of sureties.
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. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58867 of 2022
Applicant :- Lakshiram Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Parvez Alam,Akash Deep Srivastava,Navneet Kumar Mishra,Rajendra Kumar Counsel for Opposite Party :- G.A.,Sanjay Kumar Sharma
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajendra Kumar, learned counsel for the applicant and Shri Mithilesh Kumar, learned AGA appearing for the State.
It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that applicant is not involved in the crime as alleged in the F.I.R. He further submitted that no specific role has been assigned to the applicant and who is author of the injury is not know. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.11.2022 and he has no criminal history.
Learned A.G.A. opposed the prayer for bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant, severity of punishment to be awarded in case of conviction and without commenting on the merits of the case, I find it to be a fit case for bail.
Let the applicant Lakshiram Yadav involved in Case Crime No. 0115 of 2021, under Sections 323, 504, 506, 452, 308 I.P.C., Police Station Kotwali, District Ghazipur be released on bail on his furnishing a personal bond with two heavy sureties each (one should be of family member) in the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
Order Date :- 20.3.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant who claims false implication and is ready to cooperate with the investigation.
Whether the nature of accusation and severity of punishment preclude bail under the prevailing facts and circumstances.
Whether the trial court should expedite the trial of the present case within a specified period.
Lakshiram 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
