Deepak Yadav v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39996 of 2023 Applicant :- Deepak Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Sanjeev Kumar, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.86 of 2023, under Sections 147, 148, 149, 307, 323, 504, 506 IPC, Police Station Bankata, District Deoria, during the pendency of trial.

¶3Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is also contended that the applicant has not caused any fatal injury to the injured. Though several persons of the informant side have received injuries in the scuffle and attack by the accused side but the fatal injury to the injured Lallan Yadav had been caused by Sanjeev Yadav @ Khajanchi though the present applicant had also hit the head of the injured by stick. From the statement of the injured it is also very much clear that the fatal injury was caused by Sanjeev Yadav @ Khajanchi and not by the present applicant. It is further contended that the applicant has no previous criminal history. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 20.05.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA and learned counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Deepak Yadav, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 18.10.2023 Shahroz High Court of Judicature at Allahabad