Allowed¶8

Vishal Yadav v. State of U.P.

Allahabad HC16 Aug 2022BAIL/32801/2022

Case brief

AI extract

What is this about?

Allahabad High Court; Criminal Misc. Bail Application No. 32801 of 2022; Vishal Yadav v. State of U.P.; Siddharth, J.; order dated 16.8.2022; Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986; Case Crime No. 265 of 2022; P.S. Kotwali, District Jhansi; gang chart; false implication due to police rivalry; custody since 2.7.2022; bail on personal bond and two sureties; bail conditions and cancellation; Dataram Singh (2018) 3 SCC 22; Article 21 Constitution of India; counsel Mahesh Kumar; G.A.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the three stated conditions. ¶8

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

What the court decided

AI extract

Outcome

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the three stated conditions.

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Issue for consideration

Whether the applicant Vishal Yadav, shown by the gang chart as involved in one criminal case (wherein he is on bail) and alleging false implication due to police rivalry, should be released on bail in Case Crime No. 265 of 2022 under Section 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 during pendency of trial.

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Court's answer

Bail granted after considering the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, without expressing any opinion on the merits of the case.

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Ratio / Principle

The applicant is 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.

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Key takeaways

Release made subject to conditions: (i) not to tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (ii) to cooperate in the trial sincerely without seeking adjournments; (iii) not to indulge in any criminal activity or commission of any crime after being released on bail; breach of any condition shall be a ground for cancellation of bail.ratio¶13

Detailed headnote1 paragraphs

Bail allowed (High Court of Judicature at Allahabad, Siddharth, J., order dated 16.8.2022) — CRIMINAL MISC. BAIL APPLICATION No. 32801 of 2022, Vishal Yadav v. State of U.P. — offence under Section 2/3, U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Case Crime No. 265 of 2022, P.S. Kotwali, District Jhansi — gang chart records involvement in one criminal case in which the applicant is on bail; applicant alleges false implication due to police rivalry; in jail since 2.7.2022; no criminal history to his credit — release ordered on personal bond and two sureties each in like amount, without expressing any opinion on merits, considering the material on record, the larger mandate of Article 21 of the Constitution of India and the dictum in Dataram Singh v. State of U.P., (2018) 3 SCC 22 — conditions imposed: no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without adjournments; no criminal activity after release; breach of any condition a ground for cancellation of bail.

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32801 of 2022

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

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Vishal Yadav, with a prayer to release him on bail in Case Crime No. 265 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Jhansi, during pendency of trial.

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According to the gang chart the applicant is said to has been involved in one criminal case wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 2.7.2022.The applicant has no criminal history to his credit.

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Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-

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