Allowed

Pappu Yadav v. State of U.P.

Allahabad HC16 Mar 2018BAIL/5755/2018

Case brief

AI extract

What is this about?

Court granted bail to applicant Pappu Yadav in a criminal case involving alleged illegal wine filling and cheating charges. The court noted the prima facie satisfaction of the charge but applied the reformative theory of punishment, directing release on personal bond with sureties.

What did the court decide?

Release of applicant on personal bond with two sureties on conditions of attending trial and not tampering with witnesses.

Pappu Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2018)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5755 of 2018

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Applicant :- Pappu Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Dharmaveer Singh,Saroj Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard learned counsel for the applicant and Sri Purushottam Maurya, learned A.G.A. appearing for the State and perused the record.

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According to the prosecution story that the applicant was involved in filling of illegal wine, who is said to have been caught from the shop in question. It is contended that the applicant is a student who obtained Graduation degree in the year 2017. It is next contended that the whole prosecution story is false, concocted and only to harass the applicant. The applicant has not committed any offence nor was involved in such illegal activity. Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. 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 4.1.2018. The applicant has no other reported criminal antecedent.

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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 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 Pappu Yadav involved in Case Crime No. 02 of 2018, under Sections 419, 420, 272 I.P.C.and section 60 of Excise Act, Police Station Birno, District Ghazipur be released

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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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He will not tamper with the witnesses.

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He 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 :- 16.3.2018 Su

Pappu Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pappu 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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