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[Cites 5, Cited by 1]

Allahabad High Court

Anand Kumar Yadav vs State Of U.P. on 1 July, 2010

Author: B.N. Shukla

Bench: B.N. Shukla

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16328 of 2010

Petitioner :- Anand Kumar Yadav
Respondent :- State Of U.P.
Petitioner Counsel :- Ajeet Srivastava
Respondent Counsel :- Govt Advocate

Hon'ble B.N. Shukla,J.



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

It is contended by the learned counsel for the applicant that the applicant was not named in the FIR and thereafter, he was arrested by the Police on 28.4.2010 in a case under section 307 IPC firing on Police party and recovery of ornament has been shown from possession of the applicant. It is further contended that a concocted case has been made against the applicant and it was unnatural that the informant would reach on the spot and identified the jewellery. It is also contended that jewellery was not put for test identification.

Learned A.G.A. contended that the applicant was involved in committing the murder and from his possession jewellery was recovery.

The occurrence had taken place on 8.4.2010 and recovery has been shown from possession of the applicant. The applicant is said to have been arrested by the Police in a police party firing case. The recovered items were not put for test identification.

Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Anand Kumar Yadav involved in Case Crime No. 1126 of 2010 under Sections 302, 394, 120-B and 411 IPC Police Station Kotwali, District Ghazipur 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.

Order Date :- 1.7.2010 SU.