Sunil Yadav vs State Of U.P.
2016 Latest Caselaw 2054 ALL

Citation : 2016 Latest Caselaw 2054 ALL
Judgement Date : 28 April, 2016

Allahabad High Court

Sunil Yadav vs State Of U.P. on 28 April, 2016

Bench: Vipin Sinha




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13484 of 2016
 

 
Applicant :- Sunil Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Amit Daga,Vivek Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Supplementary affidavit filed in Court today, is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present bail application has been filed by the applicant in case crime No.323 of 2015, under Sections 307 IPC, police station Sujanganj, District Jaunpur with the prayer to enlarge him on bail.

I have perused the prosecution story as set up in the FIR and also the bail rejection order.

The contention as raised at the Bar by learned counsel for the applicant is that though the accused-applicant has been named in the FIR along with other accused persons and a general role has also been assigned to all of them but in the statement of Smt. Sangeeta Nishad the role of causing injury has been assigned to the co-accused and not to the applicant. It is lastly contended that the applicant has no criminal history and he is in jail since 24.2.16 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

It is apparent that it would not be possible to conclude the trial in near future and in the opinion of this Court, it would not be appropriate to keep the applicant in jail till the conclusion of the trial.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Sunil Yadav involved in the aforesaid crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned.

However, it is being made clear that the role of other accused persons is distinguished from that of accused-applicant.

Order Date :- 28.4.2016

Anand