Allowed

Abhishek Kumar Yadav v. State of U.P.

Allahabad HC19 Jan 2021BAIL/997/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application, the High Court granted bail to the applicant, a student alleged to be a seller in an examination fraud case, subject to specific conditions including regular attendance, no tampering with evidence, and no commission of new crimes.

What did the court decide?

Enlargement of applicant on bail with two family members as sureties upon executing a personal bond.

Abhishek Kumar Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 997 of 2021

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Applicant :- Abhishek Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Deep Srivastava,A.Z.Khan,Naveen Kumar Yadav,Ravitendra Pratap Singh Chandel Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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Heard Sri R.S. Prasad, learned senior counsel assisted by Sri Akash Deep Srivastava, learned counsel for the applicant and learned A.G.A. for the State.

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It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. Applicant is alleged to be the solver in the examination in question. Applicant is student and doing preparation for competitive examination. Educational qualification of applicant is B.Tech from Gautam Buddh Technical University, Lucknow and this fact may be verified from the annexure annexed along with supplementary affidavit. It is next submitted that coaccused, Pintu Yadav has already been enlarged on bail by this Court on 19.1.2021 in Criminal Misc. Bail Application No. 553 of 2021. Applicant has no criminal history and he is in jail since 28.11.2020, undertakes that he will not misuse the liberty, if granted.

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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- Abhishek Kumar Yadav , involved in Case Crime No. 1355 of 2020, under Sections- 419, 420, 467, 468, 471, 120-B I.P.C. and Section 66 (C) (D) of Information & Technology Act, 2008, Police StationCantt, District Gorakhpur, be enlarged on bail on his executing a personal bond and two sureties each, one of the family members 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 :- 19.1.2021 Arvind

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.19 16:46:24 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Abhishek Kumar Yadav v. State of U.P.

Case brief

What is this about?

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Abhishek Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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