Allowed

Shiva Yadav @ Navneet v. State of U.P.

Allahabad HC23 Sept 2022BAIL/30075/2022

Case brief

AI extract

What is this about?

This is a bail application under Section 439 Cr.P.C. (inferred) where the court allowed bail for the applicant charged with extortion and threats. The court relied on prior Supreme Court principles and imposed standard conditions including cooperation in trial and non-interference with witnesses.

What did the court decide?

Ordering the release of the applicant on bail on personal bond and two sureties, subject to conditions regarding trial cooperation and non-interference with witnesses.

Shiva Yadav @ Navneet Vs State of U.P. — Cheating and Forgery | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30075 of 2022

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Applicant :- Shiva Yadav @ Navneet Opposite Party :- State of U.P. Counsel for Applicant :- Muktesh Kumar Singh,Ramkripal Yadav

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Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Muktesh Kumar Singh, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.116 of 2022, registered under Sections 386, 504 I.P.C., Police Station Kotwali, District Mainpuri during pendency of the trial.

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Allegation in the FIR is that the applicant made a call to one Shivam Pandey, neighbour of the informant, and demanded Rs.5 lacs as extortion and for non payment threatened him in fear of death.

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Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The present FIR has not been lodged by the person to whom the alleged call was made. The applicant is handicap with 45% of disability and has no concern with the present case. The applicant has been implicated due to political enmity between the parties. The applicant has seven cases of criminal history, the same has been explained in para 14 of the affidavit. The applicant is languishing in jail since 05.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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

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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 , 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.

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Let the applicant, Shiva Yadav @ Navneet, who is involved in the aforesaid case crime, 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.

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

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

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

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

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Order Date :- 23.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.23 18:21:50 IST Reason: Location: High Court of Judicature at Allahabad

Shiva Yadav @ Navneet v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiva Yadav @ Navneet v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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