This is a bail application where the applicant sought enlargement in an FIR under Sections 105 and 289 of BNS. The court granted bail considering that the co-accused was already released and the applicant had no criminal antecedents.
Released on bail with two sureties of Rs.20,000 each and personal bonds.
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Neutral Citation No. - 2024:AHC-LKO:64228
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9910 of 2024
Applicant :- Ashok Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Jai Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
2 . The applicant seeks enlargement on bail in FIR No.208 of 2024, under Sections 105, 289 of BNS, Police Station Jagatpur, District Raebareli.
3 . It is argued by the Counsel for the applicant that the co-accused has been enlarged on bail vide order dated 12.09.2024. The applicant is the owner of the premises, in which the coaching was running and the incident happened.
4 . Learned A.G.A. vehemently opposed the bail prayer.
5. Considering the fact that the co-accused has been enlarged on bail and there being no specific allegation of Section 105 BNS coupled with the fact that the applicant does not have any criminal antecedents and is in custody since 15.12.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
6. Let the applicant Ashok Yadav be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) 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.
Order Date :- 18.9.2024 akverma
Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether bail should be granted to the applicant who is the owner of the premises where the incident occurred and whose co-accused was already granted bail.
1 provisions across 1 enactments
Ashok Yadav
Pankaj Bhatia
Ashok Kumar Verma
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
