Allowed

Gopal Yadav @ Pramod Yadav v. State of U.P.

Allahabad HC20 Sept 2022BAIL/38938/2022

Case brief

AI extract

What is this about?

In a bail petition under Sections 147, 148, 149, 307, IPC, this Hon'ble Court granted bail to the applicant on grounds of parity with another co-accused already released, subject to furnishing bond and standard conditions of release.

What did the court decide?

Released on bail on personal bond and two local sureties, subject to undertaking not to tamper with evidence and attend trials.

Gopal Yadav @ Pramod Yadav Vs State of U.P. — Anticipatory Bail | Allahabad HC (2022)

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Court No. - 81

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38938 of 2022

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Applicant :- Gopal Yadav @ Pramod Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav,Sudhir Mehrotra Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Azhar Husain Idrisi,J.

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

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The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.36 of 1998, under Sections 147, 148, 149, 307, 336, 338, 435, 504, 188, 34 IPC and Section 7 Criminal Law Amendment Act, Police Station Phoolpur, District Azamgarh.

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Learned counsel for the applicant submits that the applicant is not named in the FIR nor his name surfaced in the statement of informent. He submits that there was a fight between supporters of two political parties but the FIR has been lodged by police. The applicant has neither participated in the unlawful assembly nor he committed unlawful activities, therefore, no aforesaid case is made against the one of sustained fire-arm injuries, therefore, no case under Section 307 I.P.C. is made out against the applicant. Apart from the causing above, no specific role has been assigned to the applicant for causing injury to anyone. seven persons were named in the first information report. The co-accused Ramesh Chand has been granted bail by co-ordinate Bench of this Court vide order dated 15.09.2022 in Criminal Misc. Bail Application No. 37568 of 2022, therefore, the applicant is entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicant and he is languishing in jail since 26.07.2022.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that coaccused has already been released on bail.

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Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and

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also perusing the material on record, enlargement of identically placed co-accused on bail, without expressing any opinion on merit of the case, let the applicant- Gopal Yadav @ Pramod Yadav involved in aforesaid case crime be released on bail on his/her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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Order Date :- 20.9.2022 Israr

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Digitally signed by ISRAR AHMAD Date: 2022.09.22 10:29:55 IST Reason: Location: High Court of Judicature at Allahabad

Gopal Yadav @ Pramod Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Gopal Yadav @ Pramod Yadav v. State of U.P.

Case brief

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What did the court decide?

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