Allowed

Mohan Yadav v. State of U.P.

Allahabad HC31 Aug 2020BAIL/23790/2020

Case brief

AI extract

What is this about?

The High Court granted bail to Mohan Yadav in a criminal case alleging theft, noting he was not named in the initial FIR but subsequently implicated. The applicant had recovered evidence and no prior criminal history. Bail was allowed subject to conditions and verification orders.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties in the like amount, subject to specific conditions regarding evidence tampering and court functional status.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23790 of 2020

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Applicant :- Mohan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned AGA for the State.

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The instant bail application has been filed on behalf of the applicant, Mohan Yadav, with a prayer to release him on bail in Case Crime No. 323 of 2019, under Sections 379, 411 IPC, Police Station Kotwali, District- Etawah, during pendency of trial.

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The applicant was not named in the FIR. There is allegation of theft of one motorcycle. Learned counsel for the applicant has submitted that subsequently, 20 motorcycles were allegedly recovered from the joint possession of the applicant and other accused persons. The applicant has been falsely implicated in this case. He has no prior criminal history to his credit and he has been subsequently implicated in four other cases and is in jail since 12.5.2019.

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Learned AGA has opposed the prayer for bail of the applicant.

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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 :-

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

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The applicant shall cooperate in the trial sincerely

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without seeking any adjournment.

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

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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.

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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.

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

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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.

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

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Order Date :- 31.8.2020 Ruchi Agrahari

Mohan Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohan Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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