Allowed

Rinku Yadav @ Harbeer Singh Yadav v. State of U.P.

Allahabad HC18 Jan 2021BAIL/2257/2020

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Rinku Yadav in a case under various IPC sections involving cheating and forgery. Court granted bail citing parity with a co-accused already released on bail by a co-ordinate bench, subject to specific conditions regarding witness tampering, court presence, and procedural defaults.

What did the court decide?

Release on bail by furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to specified conditions.

Rinku Yadav @ Harbeer Singh Yadav Vs… — Contract and Commercial Disputes | Allahabad HC (2021)

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2257 of 2020

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Applicant :- Rinku Yadav @ Harbeer Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Raj Karan Patel Counsel for Opposite Party :- G.A.

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Hon'ble Ali Zamin,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.90 of 2019, under Sections 419, 420, 467, 468, 471, 140 and 34 IPC, Police Station Madhuban, District Mau.

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Learned counsel for the applicant submits that the applicant and co-accused were arrested in Military Uniform on 15.03.2019 alongwith 6 quintals and 46 Kgs. Ganja . He further submitted that the co-accused Dhramendra Yadav has been granted bail by co-ordinate Bench of this Court vide order dated 03.11.2020 in Criminal Misc. Bail Application No. 49560 of 2019 therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is criminal history of seven cases, including present against the applicant, which have been explained at Para 5 of the bail application and he is languishing in jail since 15.03.2019.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused has already been released on bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, enlargement of co-accused on bail and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Rinku Yadav @ Harbeer Singh Yadav involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and 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 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 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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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. 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 :- 18.1.2021 Zafar

Rinku Yadav @ Harbeer Singh Yadav v. State of U.P.

Case brief

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Rinku Yadav @ Harbeer Singh Yadav v. State of U.P.

Case brief

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