Allowed

Navnath Yadav v. State of U.P.

Allahabad HC5 Jan 2021BAIL/39097/2020

Case brief

AI extract

What is this about?

The High Court granted bail to Navnath Yadav in Criminal Misc. Bail Application No. 39097 of 2020, involving an offense under the U.P. Gangsters Act. The court imposed standard conditions including personal appearance, cooperation in trial, and restrictions on tampering with evidence or committing new crimes.

What did the court decide?

The applicant was enlarged on bail by executing a personal bond and two sureties in the same amount.

Navnath Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39097 of 2020

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Applicant :- Navnath Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Tripathi Counsel for Opposite Party :- G.A.,Vindeshwari Prasad

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Hon'ble Neeraj Tiwari,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Vindeshwari Prasad, learned counsel appearing on behalf of victim of Case Crime No. 378 of 2019.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is further submitted that only one case has been shown against the applicant in the Gang Chart and in the said case, the applicant has been granted bail, copy of the bail order has been annexed as Annexure-8 to the affidavit filed in support of bail application. It is further submitted that applicant is having criminal history of seven other cases. Out of total seven cases, applicant has been enlarged on bail in two cases; compromise has taken place in one case; he has not been charge sheeted in one case; there is acquittal in two cases; one case has been closed in lack of evidence. Therefore, under such circumstances, applicant is entitled for bail. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 12.02.2020, undertakes that he will not misuse the liberty, if granted.

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Learned A.G.A. as well as Sri Vindeshwari Prasad has vehemently opposed the prayer but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Navnath Yadav , involved in Case Crime No. 74 of 2020, under Section- 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Jhagaha, District -Gorakhpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one

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and certified copy shall be submitted before that court concerned as soon as it is issued.

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This bail order would be subject to the fulfilment of following conditions:-

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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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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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In case, the applicant misuses the liberty of bail 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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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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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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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 :- 5.1.2021 Sartaj

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.05 17:06:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Navnath Yadav v. State of U.P.

Case brief

What is this about?

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Navnath Yadav v. State of U.P.

Case brief

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