Allowed

Yogendra v. State of U.P.

Allahabad HC21 Sept 2020BAIL/11305/2020

Case brief

AI extract

What is this about?

In a bail application under Sections 420, 467, 468, and 471 IPC, the Allahabad High Court released the impugned applicant on bail. Relying on Article 21 and apex court precedents regarding the novel coronavirus spread in jails, the court allowed the bail application without expressing an opinion on the merits.

What did the court decide?

The applicant was ordered to be released on bail by furnishing a personal bond and two sureties subject to specific conditions, including cooperation in trial and no criminal activity.

Yogendra Vs State of U.P. — Cheating and Forgery | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11305 of 2020

¶3

Applicant :- Yogendra Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Sharma Counsel for Opposite Party :- G.A.,Sunil Kumar

¶4

Hon'ble Siddharth,J.

¶5

Heard Sri Hemant Sharma, counsel for the applicant, Sri Raj Kishore Mishra, Advocate holding brief of Sri Sunil Kumar, learned counsel for the informant and learned A.G.A for the State.

¶6

There is allegation of cheating against the informant by execution of sale deed by way of impersonation of the real owner of the land. Counsel for the applicant has submitted that the sale deed has been duly executed by the informant and he has been falsely implicated in this case. He has been implicated for offence under Section 420 IPC only and languishing in jail since 02.01.2020. He has no criminal history to his credit.

¶7

Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

¶8

Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9

Let the applicant- Yogendra , in Case Crime No. 397 of 2019, under Sections- 420, 467, 468 and 471 IPC, Police StationSyana, District- Bulandshahar, be released on bail on his furnishing a personal bond and two 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.

¶10

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶11

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶12

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶13

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶14

The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

¶15

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

¶16

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Order Date :- 21.9.2020 Rohit

Yogendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yogendra 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nekpal Vs State of U.P.

Bilal and Another Vs State of U.P.

Diwan Singh @ Chhotu Vs State of U.P.

Vikki Singh @ Vijay Singh Vs State of U.P.

Mahesh Dayal Vs State of Up

Vikas Kumar Vs State of U.P.