Allowed

Paramveer Yadav v. State of U.P.

Allahabad HC4 Feb 2020BAIL/4932/2020

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 4932 of 2020, the Court allowed the bail application of Paramveer Yadav, who was accused under Sections 307, 411 IPC and 3/25 Arms Act, subject to conditions regarding no tampering with evidence, cooperation with trial, and abstinence from criminal activities.

What did the court decide?

Bail allowed with a personal bond, two sureties, and undertaking subject to conditions of no tampering, cooperation with trial, and no criminal activities.

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

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4932 of 2020

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Applicant :- Paramveer Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar,Ram Shish Ram Counsel for Opposite Party :- G.A.

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Hon'ble Rajendra Kumar-IV,J.

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

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Accused-applicant, involved in Case Crime No.159 of 2019, under Sections 307, 411 I.P.C. and 3/25 Arms Act, Police Station Kasimabad, District Ghazipur, applied for bail.

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Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case by the police to show good work. He has committed no offence. Prosecution story is false and fake. This is a case of firing on police. Nobody is injured. Accused is said to have open fire upon the Police party with intention to kill them. Nothing has been recovered from the possession of the applicant. Recovery of three live cartridges from the possession of applicant is false and fake. There is no independent witness to support the prosecution case. Applicant is in jail since 19.06.2019. Criminal history has been explained in the affidavit filed along-with the present bail application. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial. Lastly it has been submitted that co-accused Omprakash has already been granted bail on 22.10.2019 by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.38073 of 2019.

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Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, keeping in view of bail granted to the co-accused and without commenting upon the merit of the case, applicant deserves bail.

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Accordingly, bail application is allowed.

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Let applicant Paramveer Yadav be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-

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The applicant shall not tamper with the evidence or threaten the witnesses.

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The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

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During trial, he shall not indulge in any criminal activities or case.

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In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.

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Order Date :- 4.2.2020

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I.A.Siddiqui

Paramveer Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Paramveer Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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