Allowed

Munna Yadav @ Ramesh Yadav v. State of U.P.

Allahabad HC29 Jun 2021BAIL/9485/2021

Case brief

AI extract

What is this about?

The Court, while noting competing bail applications, enlarged the applicant on bail under the U.P. Gangster Act in the pending case alongside strict conditions regarding court appearance and non-interference. The order was issued virtually due to the pandemic surge.

What did the court decide?

The applicant was enlarged on bail on executing a personal bond and two sureties, subject to specific conditions regarding court presence and conduct, to be effective after any short-term bail period

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

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Court No. - 10

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9485 of 2021

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Applicant :- Munna Yadav @ Ramesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Singh,Shivam Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Prakash Padia,J.

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This Court is presently working on virtual mode only due to surge in Covid-19 cases.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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It is argued by Sri Shivam Yadav, learned counsel for the applicant that as per page-12 of the supplementary affidavit the applicant is not involved in any of the cases as stated in the criminal history. The only case in which the applicant is involved, he has already been granted bail by this Court on 26.12.2021 which is annexed as Annexure-3 to the bail application.

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Learned A.G.A. 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- Munna Yadav @ Ramesh Yadav , involved in Case Crime No. 04 of 2021, under Sections- 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Sipribazar, District Jhansi, be enlarged on bail on him 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.

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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 :- 29.6.2021

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Swati

Munna Yadav @ Ramesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Munna Yadav @ Ramesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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