Allowed

Prem Yadav v. State of U.P.

Allahabad HC28 Mar 2022BAIL/41336/2021

Case brief

AI extract

What is this about?

Hon'ble Vivek Varma, J. considered an application for bail filed by Prem Yadav who had been in jail since late July 2021 for alleged offences under POCSO and IPC. Noting the hostile turn of prosecution witnesses and victim, the court granted bail on personal bond with local sureties.

What did the court decide?

Applicant Prem Yadav released on bail providing a personal bond and two local sureties of equal amount.

Prem Yadav Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41336 of 2021

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Applicant :- Prem Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vashishtha Tiwari,Ashok Kumar Yadava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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

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Learned AGA, on the basis of instructions, submits that notice of this bail application was served upon the informant on 4.10.2021. However, when the instant matter is taken up, no one appears on behalf of the informant nor any counter affidavit has been filed.

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It is contended that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 24.7.2021 and the first information report was lodged on 26.7.2021. As per the injury report the victim has not sustained any injury. In the trial, PW 1 the informant and PW the victim, both turned hostile and denied the incident. The applicant has no criminal history to his credit and is in jail since 27.7.2021. In case the applicant is enlarged on bail he shall not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Perused the first information report as well as the averments made in the bail application.

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Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Prem Yadav involved in case crime no.78 of 2021, under Section 377, 506 I.P.C., and 5/6 POCSO Act, P.S. Mahuadeeh, District Deoria be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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the applicant shall not temper with the prosecution evidence.

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the applicant shall not pressurize the prosecution witness;

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the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 28.3.2022 S.S.

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Digitally signed by SIDDHARTH SRIVASTAVA Date: 2022.03.28 18:28:17 IST Reason: Location: High Court of Judicature at Allahabad

Prem Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Prem Yadav v. State of U.P.

Case brief

What is this about?

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What the court decided

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