Allowed

Ranjeet Yadav v. State of U.P.

Allahabad HC29 Sept 2020BAIL/28654/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 28654 of 2020, this court granted bail to the applicant, a tractor driver implicated in minor mineral transportation offences. Considering the spread of the novel coronavirus in jails and the applicant's clean record, the court allowed bail without expressing an opinion on the merits, relying on Article 21 and a Supreme Court dictum.

What did the court decide?

Granted bail conditioned on personal bond, sureties (upon restoration of normal court functioning), and prohibitions against tampering with evidence or committing further crimes.

Ranjeet Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 70

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28654 of 2020

¶3

Applicant :- Ranjeet Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Chaturvedi Counsel for Opposite Party :- G.A.

¶4

Hon'ble Siddharth,J.

¶5

Heard Sri Satya Prakash Chaturvedi, counsel for the applicant and learned A.G.A for the State.

¶6

The allegation against the applicant is that he was driver of a tractor which was carrying minor minerals. When the transit documents were demanded the applicant failed to produce the same and thereafter he was challaned for the alleged offences. Counsel for the applicant has submitted that the applicant had all the documents in his possession but on account of ulterior motives, the police has falsely implicated the applicant for the alleged offences. Under Mines and Minerals Act, complaint is required to be filed but FIR has been lodged. The applicant is in jail since 19.02.2020 and 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- Ranjeet Yadav , in Case Crime No. 24 of 2020, under Sections 379, 411 IPC and Section 4/21 of The Mines and Minerals (Development and Regulation) Act, 1957 and Section 2/3 The Prevention of Damage to Public Property Act, 1984, Police Station- Ata, District- Jalaun, 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 :- 29.9.2020 Rohit

Ranjeet Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ranjeet Yadav 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

Rajendra Kumar Vs State of U.P.

Naresh Mandal Vs Union of India

Pramod Kumar Tyagi Vs State of U.P.

Tarun Vs State of U.P.

Shyam Sunder Singh Vs State of U.P.

Vipin Tyagi @ Amit @ Raju Vs State of U.P.