Allowed

Satya Prakash Yadav v. State of Up

Allahabad HC20 Jan 2021BAIL/46893/2020

Case brief

AI extract

What is this about?

The court granted bail to Satya Prakash Yadav, who was falsely implicated in a murder case (originally suicide) involvingIPCSections 323 and 306. Bail is subject to personal bond, sureties, and strict conditions regarding trial attendance and non-interference with evidence.

What did the court decide?

Application allowed; applicant enlarged on bail on executing a personal bond and two sureties, subject to specific conditions regarding trial attendance and conduct.

Satya Prakash Yadav Vs State of Up — Cheque Dishonour | Allahabad HC (2021)

¶1

Court No. - 69

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46893 of 2020

¶3

Applicant :- Satya Prakash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sangam Lal Kesharwani,Prem Chandra Counsel for Opposite Party :- G.A.

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Heard learned counsel for the applicant and Sri Sunil Katiyar, learned A.G.A. for the State.

¶6

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. FIR was lodged on 16.09.2020 under Sections 323, 308 I.P.C. and thereafter converted into under Section 302 I.P.C. After investigation, charge sheet was filed under Sections 323, 306 I.P.C. It is next submitted that deceased has taken loan from the applicant's finance company and when due amount was demanded by the applicant, deceased committed suicide for which applicant is not responsible. Applicant has no criminal history and he is in jail since 19.09.2020, undertakes that he will not misuse the liberty, if granted.

¶7

Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

¶8

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- Satya Prakash Yadav, involved in Case Crime No. 175 of 2020, under Sections- 323, 306 I.P.C., Police Station- Badlapur, District Jaunpur, 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 and certified copy shall be submitted before that court concerned as soon as it is issued.

¶9

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

¶10

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶11

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶12

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶13

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;

¶14

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.

¶15

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.

¶16

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.

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Order Date :- 20.1.2021

¶19

Arvind

Satya Prakash Yadav v. State of Up

Case brief

What is this about?

What did the court decide?

Satya Prakash Yadav v. State of Up

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Salman Vs State of U.P.

Pintu Yadav Vs State of U.P.

Sonu Pinna @ Snil Mittal Vs State of U.P.

Parasram Vs State of U.P.

Badshah Vs State of U.P.

Vijay Singh @ Pappe Vs State of U.P.