High Court ordered bail for Arjun Yadav in IPC cheating case, relying on constitutional mandate and co-accused bail, subject to strict conditions including bond, sureties, and court restoration clauses.
Released on bail via personal bond and two sureties subject to specific conduct and court restoration conditions.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20308 of 2020
Applicant :- Arjun Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jawahar Lal Maurya,Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned AGA for the State.
The instant bail application has been filed on behalf of the applicant, Arjun Yadav , with a prayer to release him on bail in Case Crime No. 37 of 2020, under Sections 419, 420, 467, 468, 471 IPC and Section 7/10 of Examination Act, Police Station Charwa, District- Kaushambi during pendency of trial.
This is a second bail application of the applicant.
Fresh ground for filing this bail application is that the coaccused, Indrajeet, has already been enlarged on bail. The applicant is alleged to have assisted Indrajeet in impersonating real candidate in the examination, who is already on bail, hence the applicant also deserves to be enlarged on bail. Applicant is in jail since 28.02.2020 and has criminal history of one case explained in para 14 of the affidavit filed in support of the bail application.
Learned AGA has opposed the prayer for bail of the applicant.
Having considered the material on record, 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, let the applicant involved in the aforesaid crime 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 with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.11.2020 SS
2 issues framed by the court
Whether the applicant deserves release on bail in the interests of justice considering co-accused enlargement and constitutional mandate.
What conditions should be imposed on the grant of bail in the circumstances of the case.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Relied on¶10
(2018) 3 SCC 22 · Who else cites this
3 provisions across 3 enactments
Arjun Yadav
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Siddharth
Parties & counsel
