Upendra Yadav Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Upendra Yadav Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Upendra Yadav ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to three conditions (no tampering with prosecution evidence by intimidating/pressurizing witnesses; sincere cooperation in trial without seeking adjournment; no indulgence in criminal activity after release), breach being a ground for cancellation of bail, with verification of sureties required before the release order.

Issue for consideration

Whether the applicant Upendra Yadav should be released on bail in Case Crime No.577 of 2021 under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Madhuban, District Mau, during pendency of the trial.

Court's answer

Considering the entire facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits, and keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. & Another, the Court held that the applicant has made out a case for bail.

Ratio / Principle

The applicant Upendra Yadav was to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (not to tamper with prosecution evidence by intimidating/pressurizing witnesses; to cooperate in the trial sincerely without seeking adjournment; not to indulge in any criminal activity after release), breach of which would be a ground for cancellation of bail, and the sureties were to be verified before issuance of the release order.

Detailed headnote1 paragraphs

Bail allowed — U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, S. 2/3 — High Court of Judicature at Allahabad (Hon'ble Deepak Verma, J.), order dated 22.9.2022 in Criminal Misc. Bail Application No. 28111 of 2022 — applicant Upendra Yadav sought bail in Case Crime No.577 of 2021, P.S. Madhuban, District Mau, during pendency of trial; in custody since 06.06.2022; it was argued for the applicant that he was innocent and falsely implicated, not a member of any gang, not a previous convict, that per the gang chart he was involved in one case in which he had already been enlarged on bail (bail order annexed as Annexure-3), and that there was no prospect of the trial concluding soon — relying on the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail and allowed the application, directing release on a personal bond with two sureties each in the like amount, subject to conditions against tampering with prosecution evidence or intimidating/pressurizing witnesses, sincere cooperation in trial without adjournment, and abstention from criminal activity after release, breach being a ground for cancellation of bail; sureties to be verified before issuance of the release order.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28111 of 2022

Applicant :- Upendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

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

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.577 of 2021, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Madhuban, District Mau, during pendency of the trial.

It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in one case in which he has already been enlarged on bail by the court concerned, copy of the bail order is annexed as Annexure-3 to the affidavit filed in support of the bail application. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 06.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Upendra Yadav be released on bail on his furnishing a personal bond and two sureties each in the like

amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 22.9.2022 Meenu

Digitally signed by MEENU SINGH Date: 2022.09.23 13:09:07 IST Reason: Location: High Court of Judicature at Allahabad