Allowed

Durgesh Yadav v. State of Up and Another

Allahabad HC6 Nov 2024CRLA/10846/2024

Case brief

AI extract

What is this about?

In a criminal appeal involving charges of gambling, attempt to murder, criminal intimidation, and offence under SC/ST Act, the Allahabad High Court allowed the bail application. The court held that a case for bail was made out based on the accused's lack of criminal antecedents and the absence of a specific role in causing injury, granting release subject to conditions.

What did the court decide?

The bail application is allowed; the accused appellant is released on bail on executing a personal bond and two reliable sureties subject to conditions of not tampering with evidence or interfering wi

Durgesh Yadav vs State of Up and Another — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:195771

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Court No. - 83

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Case :- CRIMINAL APPEAL No. - 10846 of 2024

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Appellant :- Durgesh Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Deepak Kumar Tripathi,Spriha Pandey Counsel for Respondent :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the appellant, learned AGA for the State-respondents and perused the record.

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This bail application has been moved on behalf of accusedappellant, Durgesh Yadav, seeking enlargement on bail in Case Crime No. 0147 of 2024, under Sections 147, 148, 149, 307, 504, 506 of the Indian Penal Code and Section 3(2)(V) SC/ST Act, Police Station - Lar, District - Deoria.

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Learned counsel for the appellant argued that the accusedappellant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 23.07.2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. He further submits that no specific role of causing injury has been assigned to the appellant. He further submits that the appellant had applied for bail before the Special Judge (S.C./S.T. Act), Deoria, but the same was rejected vide order dated 08.10.2024. Hence, bail has been prayed for. Learned counsel for the appellant further submits that the co-accused has already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 39770 of 2024 vide order dated 11.11.2024 and the appellant having same role. Hence, he may be released on

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bail. In case, appellant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned AGA has vehemently opposed, but could not dispute the fact that appellant has no criminal antecedents.

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Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

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Accordingly, the bail application is allowed.

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Let the accused-appellant- Durgesh Yadav involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:

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The appellant will not tamper with the evidence.

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The appellant will not indulge in any criminal activity.

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The appellant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The appellant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 13.12.2024 Ruhi H.

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Digitally signed by :- RUHI HASAN High Court of Judicature at Allahabad

Durgesh Yadav v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Durgesh Yadav v. State of Up and Another

Case brief

What is this about?

What did the court decide?

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