Single judge granted bail to Yogandra Yadav in a criminal matter involving theft and forgery, ordering release on personal bond with sureties under standard conditions.
Released on bail on furnishing a personal bond with two sureties each.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8298 of 2018
Applicant :- Yogandra Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit on behalf of the applicant is taken on record.
Heard Sri Arvind Kuma Yadav, learned counsel for the applicant and Sri R.S.Parihar, learned A.G.A. appearing for the State.
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 and he has committed no offence. It is next contended that the report was lodged against two unknown persons and the applicant is not named and he is a student of B.A. Part- II. The applicant has been arrested by the police after 18 days of the alleged occurrence. The recovery of two country made pistols and some money alongwith Mangalsutra and golden chain alleged to have been shown from the joint possession of the applicant and other accused is false one. It is pointed out that the applicant has criminal history of several cases, which has been properly explained in paragraphs 6 to 10 of the bail application as well as paragraphs 2 & 3 of the supplementary affidavit. It is also contended that other co-accused namely D.D.@ Dharamdev Singh having similar role to that of the applicant has already been released on bail, copy of which is annexed as annexure-6 on page 49 of the bail application, hence the applicant is also entitled to be released on bail on the ground of parity. 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 23.9.2014.
Learned A.G.A. opposed the prayer for bail.
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.
Without expressing any opinion on the merits of the case let the applicant Yogandra Yadav involved in Case Crime No.516 of 2014, under Sections 392, 411, I.P.C. and sec. 10/12 D.A.A.Act, Police Station Ekdil, District Etawah 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, if not warranted in any other case with the following conditions.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 6.3.2018 IA
2 issues framed by the court
Whether the applicant entitled to bail considering nature of accusation and severity of punishment
Whether prima facie satisfaction of Court in support of charge warrants release on bail
Yogandra Yadav
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
