Single judge of Allahabad High Court granted bail to applicant Rahul Yadav in a case involving Cheating and Forgery. Court granted bail on condition of bond and undertaking without expressing opinion on merit of case.
Release of applicant on bail on furnishing personal bond and two local sureties with specific conditions undertaking from applicant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22707 of 2021
Applicant :- Rahul Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
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 498A/489A I.P.C. , Police Station- Daraganj, District- Allahabad.
Learned counsel for the applicant submits that according to the FIR version from the possession of the co-accused Bappa Shekh 170 Notes of Rs.2,000/- denomination were recovered who has been enlarged on bail vide order dated 30.07.2019 in Criminal Misc. Bail Application No. 30497 of 2019. As per statement of co-accused Bappa Shekh he was bringing the Notes to handover to the applicant and on account of his statement applicant has been implicated in this case. Learned counsel for the applicant submits that case of the applicant is on the better footing than the co-accused Bappa Shekh who has been enlarged on bail. Learned counsel for the applicant further submits that on the basis of the present case, Gangsters Act has been slapped upon him. It is next contended that the applicant is languishing in jail since 12.04.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the submission of learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, enlargement of co-accused Bappa Shekh on bail, complicity of the applicant, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Rahul Yadav involved in aforesaid case crime be released on bail on his 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 :-
(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.
(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.
(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.
(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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
Order Date :- 14.7.2021 Krishna*
Digitally signed by Justice Ali Zamin Date: 2021.07.17 10:11:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in the instant case.
Whether conditions and undertaking under Section 498A IPC deserve indulgence of bail.
6 provisions across 2 enactments
Rahul Yadav
State of U.P.
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
