Allowed

Shivendra Yadav v. State of U.P.

Allahabad HC16 Sept 2019BAIL/11746/2019

Case brief

AI extract

What is this about?

The Hon'ble Court granted bail to the applicant in a cheating and forgery matter involving impersonation at an examination center, considering the nature of allegations and lack of criminal history after evaluating overall facts.

What did the court decide?

Released on bail by furnishing personal bond and two sureties with conditions against tampering with evidence and appearing in court.

Shivendra Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2019)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11746 of 2019

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Applicant :- Shivendra Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ajeet Kumar Singh,Tulsi Singh Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Ajit Singh,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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This is a bail application on behalf of the applicant in connection with Case Crime No.17 of 2019, under Sections 419, 420, 467, 468 and 471 I.P.C. and Section 3/9 U.P. Examination Act, P.S. Khanpur, District Ghazipur.

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The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with ulterior motive. He further submitted that as per the allegation made in the F.I.R. the applicant was appearing in an examination center in place of another person and he was apprehended at the examination Center. He further submitted nothing incriminating has been recovered from the possession of the present applicant. Offence is triable by court of Magistrate. Lastly, he submitted that the applicant has no criminal history and he is languishing in jail since 15.02.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned AGA has opposed the bail plea.

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Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.

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Accordingly, the bail application stands allowed .

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Let the applicant- Shivendra Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court.

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

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v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 16.9.2019 Abhishek Singh

Shivendra Yadav v. State of U.P.

Case brief

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Shivendra Yadav v. State of U.P.

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