Allowed

Umesh Yadav v. State of U.P.

Allahabad HC28 Mar 2019BAIL/12700/2019

Case brief

AI extract

What is this about?

Single judge allowed bail in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. The applicant was to furnish a personal bond and two sureties subject to specific conditions regarding tampering with evidence and engaging in criminal activities during trial.

What did the court decide?

Release on personal bond and two reliable sureties of the like amount subject to specified conditions regarding tampering with evidence, cooperation with investigation, and abstaining from criminal ac

Umesh Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 23

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12700 of 2019

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Applicant :- Umesh Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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The present bail application has been moved for enlarging the applicant on bail in Case Crime No. 269 of 2018, under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Tundla, District Firozabad.

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Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case; he has not committed any offence; whole case of the prosecution is concocted and baseless. He is languishing in Jail since 04.04.2018. Learned counsel for the applicant further submits that if the applicant released on bail he shall not misuse the liberty of bail.

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Per contra, learned A.G.A. has opposed the prayer for bail.

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Considering the entire facts and circumstances of the case, submissions made by both the parties, severity of punishment and without expressing any opinion on the merits the case, I am of the view that the applicant deserves bail.

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

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the investigation, trial and shall not seek any adjournment on the dates fixed for charge, evidence and statements under Section 313 Cr.P.C. when the witnesses are present in the court.

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During Trial, he shall not indulge in any criminal activities.

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In case of default, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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Order Date :- 28.3.2019 Akram

Umesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Umesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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