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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Chandra Dhari Singh,J.
Kamlesh Yadav – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
(Chandra Dhari Singh, J.)
1. The applicant through his brother Ram Balesh Yadav has preferred the instant bail application under section 439 Cr.P.C seeking regular bail in Case Crime No. 112 of 2023, under Section 406, 419, 420, 467, 468, 471, 120-B IPC, Police Station – Aims, District – Gorakhpur.
Brief Facts
2. The briefly stated basic facts of the application are as under:
(i) The applicant has been in jail since 28.7.2023. The first informant Pushpa Prajapati lodged a first information report (for short ‘FIR’) on 7.9.2025 at 6:07 PM against the applicant and another person namely Ajay Sharma, was registered as Case Crime No. 112 of 2023, under Section 406, 419, 420, 467, 468, 471, 120-B IPC, Police Station – Aims, District – Gorakhpur.
(ii) It is alleged in the FIR that the applicant is a property dealer and in lieu of providing land of Gata No. 112 situated at village – Bahrampur, Tehsil – Chauri Chaura, District – Gorakhpur, he has taken an amount of Rs. 50,000/- and Rs. 2,00,000/- from complainant Pushpa Prajapati. At the time of execution of sale deed the first informant gave two cheques amounting to Rs. 7,00,000/- and Rs. 2,00,000/ in the name of “Vindhyavasini Trader
The court emphasized that bail is a discretionary order requiring careful consideration of the nature of the accusation, severity of punishment, and risk of tampering with evidence, especially for ha....
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
Bail – Court deciding bail application cannot completely divorce its decision from material aspects of case such as allegations made against accused and severity of punishment if allegations are prov....
(1) Bail – For grant or denial of bail, nature of crime has huge relevancy – Importance of assigning reasoning for grant or denial of bail can never be undermined.(2) Cancellation of bail – Bail once....
The severity of the accusations, legal provisions, and judgments referenced influenced the court's decision to dismiss the bail application.
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
The main legal point established in the judgment is the requirement for reasoned bail orders, especially in cases involving serious offenses, and the factors to be considered while granting bail.
The main legal point established in the judgment is the requirement of reasoned bail orders, the considerations for granting bail under Section 439 CrPC, and the importance of judicial discretion and....
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