Allowed

Yogendra Yadav @ Yogendra Kumar Yadav v. State of U.P. and 2 Others

Allahabad HC6 Sept 2022ABAIL/346/2020

Case brief

AI extract

What is this about?

This judgment grants anticipatory bail under Section 438 Cr.P.C. to the applicant, who was charged in an IPC case involving alleged rape and extortion. The court held that considering the nature of accusation and circumstances, a case for bail is made out.

What did the court decide?

The anticipatory bail application is allowed, and the applicant shall be released on a personal bond of Rs. 50,000/- with two sureties each.

Yogendra Yadav @ Yogendra Kumar Yadav Vs State of U.P… — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 346 of 2020

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Applicant :- Yogendra Yadav @ Yogendra Kumar Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Manoj Kumar Dubey,Ram Kesh,Satyendra Narayan Singh,Vipul Kumar Dubey Counsel for Opposite Party :- G.A.,Akhileshwari Dubey,Brajesh Kumar Chaturvedi,Ramanuj Yadav

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. for the State and perused the record.

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The present application has been moved seeking anticipatory bail in Case Crime No. 915 of 2019, under Sections 354, 376, 506, 313, 504 and 420 I.P.C., Police Station Cornalganj, District Prayagraj/Allahabad with the prayer that in the event of arrest, applicant may be released on bail.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. The first information report of this case was lodged against co-accused Vinod Kumar Yadav for offences under Sections 354, 376, 506, 313, 504 and 420 I.P.C. Learned counsel for applicant submits that applicant is brother-in-law of co-accused Vinod Kumar Yadav and he has falsely been implicated due to that reason. Victim is a major girl and student of B.A. and her allegation regarding rape on pretext of marriage have been levelled

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against co-accused Vinod Kumar Yadav. Learned counsel has referred the statement of victim/ girl recorded under Section 164 Cr.P.C., wherein she has not named the applicant and no allegation has been made against him. Applicant is working in Indian Army. Earlier, applicant was granted interim anticipatory bail vide order dated 9.1.2020 and he has never misused the liberty of bail. It was pointed out that after investigation, charge sheet has been submitted, in which applicant has been charge sheeted only for offence under Sections 504 and 506 I.P.C. Learned counsel further submits that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate during investigation and would obey all conditions of bail.

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Learned A.G.A. and learned counsel for the complainant have opposed the application for anticipatory bail.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694 , it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.

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The anticipatory bail application is allowed .

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In the event of arrest of the applicant- Yogendra Yadav @ Yogendra Kumar Yadav in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned/Court below concerned with the following conditions :-

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(i) the applicant shall make himself available for interrogation by the police as and when required;

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(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail.

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In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 6.9.2022 CS/-

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Digitally signed by CHANDAN SINGH Date: 2022.09.09 16:20:44 IST Reason: Location: High Court of Judicature at Allahabad

Yogendra Yadav @ Yogendra Kumar Yadav v. State of U.P. and 2 Others

Case brief

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Yogendra Yadav @ Yogendra Kumar Yadav v. State of U.P. and 2 Others

Case brief

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What did the court decide?

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