Allowed

Mangroo Yadav v. State of U.P.

Allahabad HC9 Jun 2021BAIL/17473/2021

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Mangroo Yadav, who was accused of offences under IPC Sections 457, 380, 411, and 414. The court noted jail overcrowding during the pandemic and found merit in the applicant's submission that he was falsely implicated, granting bail subject to a personal bond and sureties.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties with specified conditions for trial court attendance.

Mangroo Yadav Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2021)

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Court No. - 6

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17473 of 2021 Applicant :- Mangroo Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vikas Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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Heard Sri Vikas Srivastava, learned counsel for the applicant and learned AGA for the State through video conferencing mode.

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A first information report was lodged against the applicant as Case Crime No. 04 of 2021 at Police Station- Chauri, DistrictBhadohi on 23.01.2021 under Sections 457, 380, IPC.

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The bail application of the applicant was rejected by learned Additional District & Sessions Judge/F.T.C.-2, Bhadohi, at Gyanpur, on 24.02.2021.

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The applicant is in jail since 04.02.2021, pursuant to the said F.I.R.

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Sri Vikas Srivastava, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. The cylinders were not recovered from the residence of the applicant. The cylinders were recovered from a place near his house. The applicant is neither the driver nor owner of the vehicle in which the gas cylinders were transported. The applicant does not have any criminal history. Lastly it is submitted by Sri Vikas Srivastava, learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid

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submissions from the record.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of Sri Vikas Srivastava, learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Mangroo Yadav be released on bail in Case Crime No. 04 of 2021 at Police Station- Chauri, DistrictBhadohi registered on 23.01.2021 under Sections 457, 380, 411, 414 IPC, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant shall remain present before the trial court on each date fixed, either through his counsel or personally as and when directed by the learned trial court. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law.

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(ii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall

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be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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(iii) In case, the applicant misuses the liberty of bail during trial, the trial in order to secure his presence may issue a proclamation under Section 82 Cr.P.C. In case the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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

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(v) The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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(vi) 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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Order Date :- 9.6.2021 Pravin

Mangroo Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mangroo Yadav v. State of U.P.

Case brief

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