Allowed

Manish Yadav v. State of U.P.

Allahabad HC26 Sept 2022BAIL/38834/2022

Case brief

AI extract

What is this about?

Court allowed a bail application filed by Manish Yadav in a criminal case involving fines and public property damage. The court found that the applicant had made out a case for bail, drawing attention to parity with a co-accused who had already been granted bail.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to specific conditions regarding trial cooperation and non-interference.

Manish Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38834 of 2022

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Applicant :- Manish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Pooja,Hiralal Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Hira Lal, learned counsel for the applicant, Sri Manoj Kumar Dwivedi, 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. 135 of 2022, registered under Sections 147, 148, 353, 332, 504, 506 I.P.C. and Section 3/4 of Prevention of Damages to Public Property Act, 1984 and Section 7 of Criminal Law Amendment Act, 1932, Police Station GRP Mughalsarai, District Chandauli during pendency of the trial.

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At the very outset, learned counsel for the applicant submits that the applicant claims parity with the co-accused, namely, Mahesh Kumar Pal, who has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.39856 of 2022 vide order dated 14.09.2022 and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. The applicant is neither named in the FIR nor he has been assigned any role of causing injury or damages to public property. He next contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant is languishing in jail since 18.06.2022. 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 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, Manish Yadav, 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 :- 26.9.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.09.27 13:05:10 IST Reason: Location: High Court of Judicature at Allahabad

Manish Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Manish 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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