The court allowed bail to the applicant Ram Pratap Yadav in a criminal complaint involving cheating and criminal conspiracy, imposing standard conditions to ensure his appearance and prevent tampering with evidence or witnesses.
Release of the applicant on bail via personal bond and two sureties subject to five standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25371 of 2019
Applicant :- Ram Pratap Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A.,Radheshyam Yadav
Hon'ble Ajit Singh,J.
List revised. None appears on behalf of first informant.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Ram Pratap Yadav in connection with Case Crime No. 165 of 2018, under Sections 386, 120B, IPC, P.S. Ubhaon, District Ballia.
The contention of the learned counsel for the applicant is that he has been falsely implicated in the present case and he has not named in the FIR. He further submits that money was not demanded by the present accused from the complainant or any other person and there is no public witness of the alleged incident and nothing incriminating was recovered from the possession of the accused applicant. He further submitted that offence is triable by the Court of Magistrate. Lastly he submitted that the applicant is languishing in jail since 07.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has vehemently opposed the prayer for bail.
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.
Accordingly, the bail application stands allowed.
Let the applicant Ram Pratap 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
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
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.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 1.7.2019 Ujjawal
1 issue framed by the court
Whether the applicant is fit to be released on bail in the present criminal case.
Ram Pratap Yadav
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
