Allowed

Yogesh Varma v. State of U.P.

Allahabad HC5 Sept 2022BAIL/34100/2022

Case brief

AI extract

What is this about?

In this criminal bail application, the High Court of Judicature at Allahabad, in case Crime No.333 of 2022, considered the applicant's plea of innocence and prior bail history. The court held that the applicant made out a case for bail and released him via personal bond and sureties.

What did the court decide?

Release of applicant on personal bond and two sureties in like amount, subject to conditions of cooperation and no criminal activity.

Yogesh Varma 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. - 34100 of 2022

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Applicant :- Yogesh Varma Opposite Party :- State of U.P. Counsel for Applicant :- Sohan Lal Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit has been filed today in Court, is taken on record.

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Heard learned counsel for the applicant, 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.333 of 2022, registered under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prohibition) Act, Police Station Sector - 39, District Gautam Buddh Nagar during pendency of the trial.

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Learned counsel for the applicant submitted that one case has been shown in the gang chart in which the applicant has been released on bail by order dated 14.02.2022, a copy of the same have been annexed as Annexure No.3 to the affidavit. He next submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant neither involved in any anti social activities nor a leader of any gang. Apart from the case shown in the gangchart, the applicant has two cases of criminal history in which the applicant has already been enlarged on bail, a copy of the same has been annexed as Annexure SA-1 and 2 of the supplementary affidavit. The applicant is languishing in jail since 06.06.2022. 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 mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , 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, Yogesh Varma, 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 :- 5.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.05 17:28:06 IST Reason: Location: High Court of Judicature at Allahabad

Yogesh Varma v. State of U.P.

Case brief

What is this about?

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Yogesh Varma v. State of U.P.

Case brief

What is this about?

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