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POLICE CONSTABLE BRIJENDRA SINGH YADAV versus STATE OF U.P.

High Court of Judicature at Allahabad

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Police Constable Brijendra Singh Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3702 of 2006 [2006] RD-AH 9718 (17 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.54

CRIMINAL MISC. BAIL APPLICATION NO. 3702 OF 2006

Police Constable Brijendra Singh Yadav..............Applicant.

                   Versus

State of U.P........................................Opposite Party.

Hon. Mrs. Poonam Srivastava, J.

Heard Sri V.P. Srivastava, Senior Advocate assisted by Sri Sheo Ram Singh learned counsel for the applicant and learned A.G.A. for the State.

Counter affidavit, supplementary counter affidavit filed on behalf of the State and supplementary affidavit filed on behalf of the applicant are taken on record..

It appears that at the time of occurrence, students of P.S.M. Decree College tried to get one of their friend extricated from custody of the police, which led to altercation with the students and the police.  There are four First Information Reports registered at case crime nos. 905 of 2005, 905-A of 2005, 905-B of 2005, 905-C of 2005 at the behest of the police, conductor of the bus and fire brigade department respectively.  On combined reading of the four First Information Reports, makes it relevant that the altercation was amongst students, police and the Fire Brigade Department.  The bus was set at blaze by the students and the Fire Brigade was called. Besides, a number of persons received injuries. The question as to whether the present applicant is aggressor or not, will be seen during the trial after the evidence is recorded.

Without giving any opinion on merit of the case, the bail application is allowed.

Let applicant Police Constable Brijendra Singh Yadav s/o Durvijai Singh be released on bail in Case Crime No. 905 of 2005, under Sections 302, 307 I.P.C., Police Station Kotwali Kannauj, District  Kannauj on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

It is made clear that after the applicant is released on bail, he shall not try to intimidate the witnesses or tamper with the evidence.  In the event, he tries to create any terror with the students and this fact is brought to the notice of the Court, the Court will be at liberty to take appropriate steps in accordance with law.

Dt. 17.5.2006

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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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