Allowed

Tribhuwan Yadav v. State of U.P.

Allahabad HC31 Jul 2019BAIL/17074/2019

Case brief

AI extract

What is this about?

The Court allowed the bail application of Tribhuwan Yadav, a co-accused in a crime under U.P. Excise Act and IPC, citing parity with another co-accused already released on bail by this court without expressing a view on merits. Bail was granted subject to heavy sureties and standard conditions.

What did the court decide?

Released on bail upon furnishing personal bond and two heavy sureties each, subject to specified conditions.

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

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Court No. - 73

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17074 of 2019

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Applicant :- Tribhuwan Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Om Prakash Singh Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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Short counter affidavit filed on behalf of the State is taken on record.

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

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It is submitted by learned counsel for the applicant that the co-accused Shrikant Yadav, relating to crime no.64 of 2019 against the same recovery, has been granted bail by another Bench of this Court vide order dated 28.5.2019 passed in criminal misc. bail application no.22336 of 2019, copy of which has been produced before this Court, which is being taken on record. He further submits that role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant is languishing in jail since 5.3.2019 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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On the other hand, learned AGA opposed the prayer for bail.

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Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.

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Let the applicant Tribhuwan Yadav involved in Case Crime No.65 of 2019 under Sections 60, 63, 60 (A) U.P. Excise Act, 1910 and Sections 272, 273 IPC, Police Station Doharighat, District Mau be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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

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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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 31.7.2019

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Tribhuwan Yadav v. State of U.P.

Case brief

What is this about?

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Tribhuwan Yadav v. State of U.P.

Case brief

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