Allowed

Vishnu @ Bantu Yadav v. State of U.P.

Allahabad HC4 Oct 2018BAIL/37754/2018

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Vishnu @ Bantu Yadav in a criminal case involving forgery and cheating. The applicant, who had no criminal history, was released on bail subject to standard conditions including executing a personal bond and two sureties.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Vishnu @ Bantu Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37754 of 2018 Applicant :- Vishnu @ Bantu Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Rajnish Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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

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According to prosecution case, F.I.R. was lodged against three accused persons namely, Rakesh Kumar, Ajay Chauhan and vishnu @ Bantu Yadav alleging that on 29.7.2017, accused Rakesh was arrested by the police and recovered 240 Peti wine from the tub-well of accused Ajay Chauhan. Accused Rakesh was disclosed the name of applicant in his confessional statement before the police personnel.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to previous enmity. Offences levelled against the applicant are not attracted in the present case. Nothing was recovered from the possession of applicant. There is no independent witness against the applicant. He is languishing in jail since 4.9.2018 (one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let applicant Vishnu @ Bantu Yadav involved in Case Crime No. 136 of 2017, under Sections 420, 467, 468, 471 IPC and Section 60 Excise Act, Police Station Naseerpur, District Firozabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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2.The applicant will not pressurize/ intimidate the prosecution witness.

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3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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

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Order Date :- 4.10.2018//A. Singh

Vishnu @ Bantu Yadav v. State of U.P.

Case brief

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Vishnu @ Bantu Yadav v. State of U.P.

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