Allowed

Nilesh Yadav v. State of U.P.

Allahabad HC8 Jun 2020BAIL/808/2020

Case brief

AI extract

What is this about?

Criminal Miscellaneous Bail Application wherein the Court of Judicial Magistrate released the applicant on bail under U.P. Gangsters Act, relying on Article 21 and Apex Court dicta, imposing specific conditions regarding sureties and evidence tampering.

What did the court decide?

Release of applicant on bail by furnishing a personal bond and two sureties subject to specified conditions including no tampering with evidence.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 808 of 2020

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Applicant :- Nilesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava 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, Nilesh Yadav, with a prayer to release him on bail in Case Crime No. 99 of 2019, under Sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Didarganj, DistrictAzamgarh, during pendency of trial.

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According to the gang chart the applicant is said to have been involved in five criminal case in which he has already been enlarged on bail by the court concerned. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 06.3.2019.

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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 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 :- 8.6.2020 Ruchi Agrahari

Nilesh Yadav v. State of U.P.

Case brief

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Nilesh Yadav v. State of U.P.

Case brief

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