Allowed

Yogendra @ Karu v. State of U.P.

Allahabad HC9 Dec 2020BAIL/43359/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 43359 of 2020, the Court granted bail to Yogendra @ Karu in a case under Sections 3/25 Arms Act. The order was issued relying on Article 21 and Dataram Singh jurisprudence, imposing conditions to prevent evidence tampering and ensuring sureties upon court resumption.

What did the court decide?

Applicant released on bail via personal bond with two sureties contingent upon court resumption, subject to conditions against tampering and ensuring trial cooperation.

Yogendra @ Karu Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 91

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43359 of 2020

¶3

Applicant :- Yogendra @ Karu Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.

¶4

Hon'ble Gautam Chowdhary,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.

¶6

The present bail application has been filed on behalf of the applicant, Yogendra @ Karu , with a prayer to release him on bail in Case Crime No.376 of 2020, under Section 3/25 Arms Act, Police Station- Shahganj, District- Agra, during pendency of trial.

¶7

The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has not committed any offence warranting punishment under aforesaid Act. There is no independent witness of the alleged incident. Nothing incriminating has been recovered from the possession of the applicant. Next submission is offence is triable by the Magistrate. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. Co-accused Vikash has been granted bail by this Court vide order dated 7.12.2020 in Criminal Misc. Bail Application No.43673 of 2020, copy of which has been produced for perusal. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 23.8.2020 having no criminal history.

¶8

Learned AGA for the State has opposed the prayer for bail.

¶9

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 :-

¶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

¶14

his bail shall be effective after the period of short-term bail comes to an end.

¶15

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.

¶16

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

¶17

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.

¶18

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

¶19

Order Date :- 9.12.2020 VS

Yogendra @ Karu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Yogendra @ Karu 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

Parties & counsel

Coram

Case details

Similar cases

Ramdutt Vs State of U.P.

Hariwansh Yadav Vs State of U.P.

Satya Prakash and 2 Others Vs State of U.P.

Murtja and Another Vs State of U.P.

Guddu Vs State of U.P.

Islu@ Islamuddin Vs State of U.P.