The Court granted bail to the applicant in a criminal case under Sections 398, 401 IPC. The applicant was granted release on a personal bond and two sureties, subject to conditions not to tamper with evidence, cooperate in the trial, and avoid further criminal activity.
Release on bail on personal bond and two sureties with conditions.
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Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42365 of 2021
Applicant :- Lokendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
(i) against FIR lodged on 1.12.2020, the applicant is in confinement since 2.12.2020;
(ii) the applicant claims to have cooperated in the investigation;
(iii) as to criminal history, all cases cited against the applicant has been lodged after the present incident;
(iv) charge-sheet has already been submitted yet there is no hope of early conclusion of the trial;
(v) on prima facie basis, only for purpose of grant of bail, it has been submitted by learned counsel for the applicant, the coaccused against whom exact similar allegations has been made namely Sonu @ Prashant has already been granted bail by this Court in Criminal Misc. Bail Application No. 6073 of 2021, vide order dated 17.2.2021.
(vi) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 4.12.2021 Prakhar
3 issues framed by the court
Whether the applicant should be released on bail pending trial in a case involving Sections 398 and 401 IPC with no prima facie evidence of tampering or intimidation.
Whether the applicant's cooperation in investigation and lack of criminal history justify bail.
Whether bail conditions including personal bond and sureties are sufficient to prevent tampering with evidence.
Lokendra Yadav
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
