Allowed

Pradumn Yadav v. State of U.P.

Allahabad HC19 May 2022BAIL/15078/2022

Case brief

AI extract

What is this about?

In this bail application, the High Court examined submissions regarding the applicant's innocence, his identical role to co-accused already granted bail, and his lack of flight risk. The court allowed the application and ordered release on a personal and two sureties bond.

What did the court decide?

Application allowed; Applicant released on bail on furnishing a personal bond of ₹20,000 and two sureties each in the like amount.

Pradumn Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15078 of 2022

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Applicant :- Pradumn Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anup Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Kumar Rai,J.

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Heard Sri Satyendra Kumar Tripathi, Advocate holding brief of Sri Anup Kumar Pandey, learned counsel for the applicant, learned A.G.A. and perused the record.

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The instant bail application has been filed on behalf of the applicant- Pradumn Yadav with a prayer to release him on bail in Case Crime No. 283 of 2021, under Sections 395, 397, 412 I.P.C. and Additional Section 307 I.P.C., Police Station- Khajani, District- Gorakhpur during pendency of trial.

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It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the applicant was not named in the first information report and his name surfaced during course of investigation in the statement of co-accused- Shyam Singh Yadav. He next submitted that general role has been assigned to all the co-accused. He also submitted that the co-accused persons, namely, Jitendra Yadav, Dinesh Yadav, Shyam Singh Yadav and Kanha @ VIveka @ Vivekanand have been released on bail by this Court in Criminal Misc. Bail Application Nos. 14007 of 2002, 12508 of 2022, 14530 of 2022 and 491 of 2022 vide orders dated12.4.2022, 31.3.2022, 8.4.2022 and 21.3.2022, respectively. He next submitted that the role of the applicant is similar and identical to the co-accused persons who have already been granted bail by this Court. The criminal history of the applicant has been explained in the paragraph no.3 to the supplementary affidavit. He further submitted that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 5.1.2022 .

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Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact .

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Pradumn Yadav involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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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 from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 19.5.2022 Rameez

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Digitally signed by RAMEEZ AHMED Date: 2022.05.20 10:25:37 IST Reason: Location: High Court of Judicature at Allahabad

Pradumn Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Pradumn 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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