Allowed

Pramod Yadav v. State of U.P.

Allahabad HC19 Jul 2021BAIL/9995/2021

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Pramod Yadav in a cheating case under IPC sections. The High Court allowed the second bail application, holding the applicant as a marginal witness ready to cooperate with the trial, and directing release on personal bond with two sureties.

What did the court decide?

Releasing the applicant on bail by executing a personal bond and furnishing two sureties.

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

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Court No. - 50 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9995 of 2021 Applicant :- Pramod Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Lal Behari Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant, Sri Bhanu Prakash Singh, learned Brief Holder for the State and perused the material available on record.

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This is second bail application. The first bail application was rejected by this Court on 05.02.2019.

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As a measure of fresh ground, it has been submitted by learned counsel for the applicant that applicant is a marginal witness. The applicant has not played any specific role in the commission of the offence. The applicant is not the beneficiary. He has neither any occasion ever to have indulge in execution of any sale deed nor has he committed any offence like the present one. The applicant is ready to cooperate with the trial. There is no possibility of the tampering with the evidence or threatening any witness, as such. The applicant is languishing in jail since 10.06.2018.

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Learned A.G.A. has opposed the prayer for bail, however he has not disputed the version of learned counsel for the applicant.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.

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Accordingly, the second bail application is allowed .

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Let the applicant - Pramod Yadav involved in Case Crime No. 120 of 2018, under Section - 419, 420, 467, 468, 471 and 120-B I.P.C., Police Station - Dohari Ghat, District - Mau be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 19.7.2021 / S Rawat

Pramod Yadav v. State of U.P.

Case brief

What is this about?

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Pramod Yadav v. State of U.P.

Case brief

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