Allowed

Vikas Yadav v. State of U.P.

Allahabad HC15 Jul 2022BAIL/19894/2022

Case brief

AI extract

What is this about?

This is a bail application under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The court allowed the application, noting that co-accused have been released. Bail was granted subject to bonds, sureties, and specific conditions to prevent tampering with evidence.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties in like amount subject to specific conditions.

Vikas Yadav Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19894 of 2022

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Applicant :- Vikas Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Kumar Shukla, Mushir Khan Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mushir Khan, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 274 of 2021, under Sections 3 (1) of The U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Maudarwaja, District Farrukhabad during pendency of the trial in the Court below.

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The gang chart mentions 10 cases against the applicant, in all of which, the applicant has already been released on bail. The applicant has filed a supplementary affidavit explaining the criminal history of 13 cases, in 11 of which, the applicant has already been granted bail and 2 cases under the U.P. Control of Goondas Act, 1970 have also been closed by the concerned Court.

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Both the other co-accused persons, namely, Ajhar and Raja @ Mohammad Rehan have already been granted bail by means of orders dated 13.12.2021 and 05.03.2022 passed by this Court in Criminal Misc. Bail Application Nos. 46899 of 2021 and 6796 of 2022 respectively.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the fact that the case set up against the applicant is similar to that set up against the other co-accused persons, who have already been released on bail.

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Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.

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In the light of preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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Let the applicant Vikas Yadav be released on bail in Case Crime No. 274 of 2021, under Sections 3 (1) of The U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(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.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 15.7.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.07.16 09:37:26 IST Reason: Location: High Court of Judicature at Allahabad

Vikas Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vikas 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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