Allowed

Shatru Yadav v. State of U.P.

Allahabad HC11 Jan 2021BAIL/43792/2020

Case brief

AI extract

What is this about?

In this bail application, the High Court of Allahabad granted bail to an applicant accused of theft and criminal intimidation. Although the court noted recovery of stolen items from the applicant after nine days, it emphasized the lack of criminal history and that he was not named in the FIR initially. Bail was ordered with a personal bond and two local sureties.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties of the like amount.

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

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Court No . - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43792 of 2020

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Applicant :- Shatru Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Singh Rajawat 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.229 of 2020, under Section 394, 411, 504, 506 IPC, P.S. Prem Nagar, District Jhansi.

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Learned counsel for the applicant submits that according to FIR on 29.07.2020 four unknown persons looted Rs.8,000/- and a mobile, Adhar Card, voter ID, Pan Card and phone receipt etc. He further submits that the applicant is not named in the FIR. He also submits that on 07.08.2020 applicant was arrested by the police and from his possession it is alleged Rs.1700/- and Pan Card of the informant was recovered. He next submits that the applicant has no criminal history. He has been falsely implicated in the present case. He further submits He further submits that 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 and the applicant is languishing in jail since 07.08.2020.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that Pan Card of the informant and Rs.1700/- are recovered from the applicant.

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Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, recovery made after 09 days and perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant Shatru 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:-

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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 of cancellation of bail.

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Order Date :- 11.1.2021 MAA/-

Shatru Yadav v. State of U.P.

Case brief

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Shatru Yadav v. State of U.P.

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