Allowed

Ramayan Prasad Yadav v. State of U.P.

Allahabad HC19 Mar 2018BAIL/4790/2018

Case brief

AI extract

What is this about?

This criminal bail application was allowed. The High Court/relevant Court, while noting prima facie satisfaction of the charge and reformative theory, granted bail to the applicant despite the severity of punishment and opposition from the State, directing the furnishing of a personal bond with sureties and adhering to specific conditions.

What did the court decide?

Applicant released on bail on furnishing a personal bond with two sureties in the like amount.

Ramayan Prasad Yadav Vs State of U.P. — Money Laundering | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4790 of 2018

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Applicant :- Ramayan Prasad Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sugendra Kumar Yadav,Anand Prakash Srivastava Counsel for Opposite Party :- G.A.,Sanjay Kumar Mishra

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant Sri Sanjay Kumar Singh, learned counsel for the complainant and Sri Purushottam Maurya, learned A.G.A. appearing for the State.

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It has been contended by the learned counsel for the applicant that the applicant is a lady who has been falsely implicated in the present case due to ulterior motive. It is next contended that the incident in question is alleged to have taken place in the year 2005 and the FIR of the same was lodged on 16.5.2008 for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. It is further submitted that the applicant is an old and aged about 75 years and is suffering from chronic disease of heart and is under treatment in Ram Manohar Lohiya Institute of Medical Science, Lucknow, the said fact has been mentioned in para 7 of the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.1.2018. It has been pointed out that the applicant has no criminal history.

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Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail.

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Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting

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evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.

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Without expressing any opinion on the merits of the case let the applicant Ramayan Prasad Yadav involved in Case Crime No.C-1 of 2008 under Sections 419, 420, 409, 467, 468, 218 I.P.C., Police Station Salempur, District Deoria 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.

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The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

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She will not tamper with the witnesses.

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She will not indulge in any illegal activities during the bail period.

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It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.

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

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Order Date :- 19.3.2018 Dev/-

Ramayan Prasad Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramayan Prasad Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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