This judgment grants bail to Yasveer Yadav in a case under IPC Sections 457, 380, and 411. The court found merit in the applicant's claim of false implication and lack of forensic evidence, ordering release on a personal bond and two sureties.
Applicant released on bail on furnishing a personal bond and two sureties in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11172 of 2022
Applicant :- Yasveer Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Kamar Shah Alam Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.440 of 2021 at Police Station Tanda District Rampur under Section 457, 380, 411 IPC. The applicant is in jail since 24.12.2021.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Rampur on 25.02.2022.
Shri Mohd. Kamar Shah Alam , learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the FIR. The applicant was nominated in a statement made by a co-accused before the police authorities. The said statement insofar as it implicates the applicant is unreliable. One set Kangan (Golden), 01Mohar, 2set tops, 2 set kundal, 3 golden ear rings, 2 golden rings (gents), 01 golden ring (ladies) were planted on the applicant to frame him in the instant case to show proficiency of police investigators. Rs.21,000/was also shown as recovered from the applicant. The money belongs to him. There is no independent witness to the recovery. No forensic science laboratory report
which confirms that the recovered articles are made of precious metal has been produced by the prosecution. Prosecution evidence does not connect the applicant with the offence. Explaining the criminal history of the applicant, learned counsel for the applicant contends that the applicant belongs to an economically weaker section of the society and has become an easy scapegoat for the police authorities. The police authorities falsely framed him in a number of cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The criminal cases have no bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to other co-accused namely Achachan, who has been enlarged on bail by this Court by order dated 06.04.2022 in Criminal Misc. Bail Application No. 13781 of 2022.
Shri Rishi Chaddha, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Yasveer Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 2.6.2022 Nadeem
Digitally signed by NADEEM AHMAD Date: 2022.06.03 11:05:39 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the bail applicant be entitled to be enlarged on bail in a case involving cheating and forgery.
Whether the applicant is a flight risk or liable to influence witnesses or tamper with evidence.
Yasveer Yadav
Ajay Bhanot
Nadeem Ahmad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
