Allowed

Ashish Yadav @ Ashish Kumar Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Allahabad HC8 May 2024/957/2024

Case brief

AI extract

What is this about?

Single-judge court allowed an anticipatory bail application under S. 438 Cr.P.C. after observing a discrepancy between the FIR allegations of severe assault and the medical report indicating old injuries, noting the applicant had a clean criminal record and no flight risk.

What did the court decide?

Anticipatory bail granted pending investigation and conclusion of trial, subject to furnishing a personal bond with two reliable sureties each and complying with specific conditions of appearance and

Ashish Yadav @ Ashish Kumar Yadav Vs State of… — Murder and Culpable Homicide | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:35451

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Court No. - 14

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 957 of 2024

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Applicant :- Ashish Yadav @ Ashish Kumar Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko.

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Counsel for Applicant :- Purshottam Chaurasia,Prashant Kumar Chaurasia

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Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State. Shri Onkar Nath Pandey, learned counsel has filed his Vakalatnama on behalf of the complainant, which is taken on record.

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The instant application has been filed seeking anticipatory bail in FIR/Case Crime No.0023/2024, under Sections 307, 323, 427, 452, 504 IPC, relating to police station Ramganj, District Amethi.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated.

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It is further submitted that as per the allegations contained in the FIR, it is alleged that the applicant along with the other coaccused had physically assaulted the husband of the complainant. The alleged incident is said to have occurred on 21.03.2024 at around 09:30 PM.

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It is further alleged that the applicant along with the other coaccused were armed with sticks, stumps and metal rod. They are said to have assaulted the husband of the complainant, who received severe injuries and the injured is said to have been referred to CSC, Ramganj. Thereafter, he was referred to the District Hospital, Sultanpur and again the injured was referred to the Trauma Centre, Lucknow.

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It is urged that the allegations against the applicant are concocted. It has further been submitted that as per the FIR, if the injured was so grievously hurt, the same ought to have reflected in the medical report, but it is not so.

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It is urged that a perusal of the medical report dated 21.03.2024,

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which has been brought on record as Annexure No.3 indicates that the injured was examined and it was noted that injuries are old case of physical assault.

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It is further submitted that there is ongoing dispute between the injured and the relatives of the applicant which is engaging attention of the Court of Civil Judge (Junior Division), Court No.24, Sultanpur bearing R.S. No.1628/2022. It is urged that the instant FIR has been lodged only as a consequence to deter the applicant who is appearing as a witness in the said case.

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It is further submitted that there is no physical injury caused to the injured and as such in the aforesaid circumstances where the alleged injuries do not find support from the medical examination and there is an opinion that the alleged injuries are simple in nature and are old and could not relate to the date of incident. In the aforesaid circumstances, the applicant has been falsely implicated and though he has history of three cases which have been explained in Paragraph-12. In all the three cases, the charge-sheet has not yet been filed.

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It is further stated that the applicant shall not misuse the liberty of bail and shall also cooperate the investigation.

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Shri Pandey, learned counsel for the complainant and the learned AGA, on the basis of material in the case diary available with him, both have opposed the aforesaid the anticipatory bail, however, could not dispute the fact that insofar as the alleged incident as narrated and indicated that the injured had suffered severe injuries could not be substantiated with the medical report and considering the fact that there is no clarity regarding the averments of the FIR vis-a-vis the injury report.

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Having considered the submissions and considering the facts and circumstances including the nature and gravity of the accusation, the antecedents of the applicant including that he has no criminal history and no apprehension has been expressed that the applicant is at flight risk, hence, this Court is of the opinion that the applicant can be granted the benefit of anticipatory bail. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed .

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In the event of arrest of the applicant- Ashish Yadav @ Ashish Kumar Yadav involved in the aforesaid FIR/Case Crime Number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of

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the Court Concerned, with the conditions:-

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(a) that the applicant shall make himself available for interrogation by the police officer as and when required;

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(b) that 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence;

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(d) that the applicant shall not pressurize/ intimidate the prosecution witness;

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(e) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

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In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant.

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It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 8.5.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Ashish Yadav @ Ashish Kumar Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Case brief

What is this about?

What did the court decide?

Ashish Yadav @ Ashish Kumar Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko.

Case brief

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What did the court decide?

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