Sudeep Yadav vs State Of U.P.
2019 Latest Caselaw 2366 ALL

Citation : 2019 Latest Caselaw 2366 ALL
Judgement Date : 2 April, 2019

Allahabad High Court

Sudeep Yadav vs State Of U.P. on 2 April, 2019

Bench: Bachchoo Lal




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13658 of 2019
 

 
Applicant :- Sudeep Yadav
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Anil Kumar Srivastava,Lalta Prasad,Ram Bahadur
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that initially the FIR of the alleged incident was lodged against 4 named persons including the applicant and 2 unknown persons under section 147, 323, 504, 506 IPC making general allegation for committing marpit with the deceased on 3.1.2019 at about 11 A.M.. The deceased died on 11.1.2019 in Lal Bahadur Shashtri Government Hospital, Varanasi. In the certificate of hospital the cause of death of the deceased has been shown cardiac-respiratory arrest. In postmortem report the cause of death of the deceased has been shown coma as a result of head injury but it is not specified as to who is the author of this head injury. It has further been submitted that there is general allegation against the applicant. No specific role has been assigned to him. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no criminal history and is in jail since 6.2.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Sudeep Yadav involved in Case Crime No. 01 of 2019, under section 304 IPC, P.S. Badlapur, District Jaunpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 2.4.2019

Masarrat