Allowed

Gulab Chandra Yadav v. State of U.P.

Allahabad HC8 Jan 2019BAIL/43057/2018

Case brief

AI extract

What is this about?

In this criminal bail application, the learned Single Judge allowed the applicant's prayer for release on bail. The Judge observed that the applicant was falsely implicated and expressed no opinion on the merits. The application was allowed subject to specific conditions involving a personal bond and two sureties to prevent tampering with evidence or witnesses, with liberty to cancel bail upon bre

What did the court decide?

Bail allowed; applicant to be released on personal bond with two sureties subject to conditions.

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43057 of 2018

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Applicant :- Gulab Chandra Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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Contention raised on behalf of the applicant is confined to the extent that the applicant is innocent and has been falsely implicated in this case. No wrongful gain has been made by him nor any money has been received nor is there is any proof of receiving of any money from the informant. Applicant being an old man. In case, the applicant is admitted to bail, there is possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 22.10.2017

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Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, bail application is allowed.

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Let the applicant - Gulab Chandra Yadav involved in Case Crime No. 443 of 2017, under Sections - 419, 420, 467, 468, 471, 506 I.P.C., Police Station - Phulpur Lines, District - Allahabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurise/intimidate the prosecution witness.

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(iii) The applicant will appear before the trial court on the date fixed.

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(iv) The applicant will not commit offence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 8.1.2019

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S Rawat

Gulab Chandra Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gulab Chandra Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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