Allowed

Nagendra Yadav v. State of U.P.

Allahabad HC2 Nov 2022BAIL/41667/2022

Case brief

AI extract

What is this about?

This is a bail application in a case under the U.P. Gangster and Anti-Social Activities Prevention Act. The court held that a case for bail was made out, ordering the applicant's release subject to personal bond, sureties, and specific conditions including non-tampering and cooperation.

What did the court decide?

Applicant Nagendra Yadav released on bail with personal bond and two sureties, subject to conditions of non-tampering and cooperation.

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

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41667 of 2022

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Applicant :- Nagendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Yadav,Shri Ram Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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Heard learned counsel for the respective parties.

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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.395 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station-Jeanpur, District Azamgarh.

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Learned counsel for the applicant submits that he has been falsely implicated in the present case. It is further submitted that only two cases have been shown in the gang chart against the applicant, in which, he has already been enlarged on bail, copy of the bail orders has been annexed with the bail application as Annexure-3 and 4 respectively. He further submits that applicant has criminal history of seven other cases except the cases mentioned in the gang chart, in which he has already been enlarged on bail by the court concerned. It is next urged that there is no possibility of their fleeing away from the judicial process or tampering with the witnesses and in case, he is enlarged on bail, the same shall not be abused. The applicant is in jail since 20.07.2022, hence, he is entitled to bail.

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Learned A.G.A. vehemently opposes bail.

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Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.

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Let the applicant, Nagendra Yadav , involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

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(i) The applicant shall not tamper with the evidence.

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(ii) The applicant shall not indulge in any criminal activity.

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(iii) The applicant shall not threaten the informant and witnesses and further shall cooperate in the investigation.

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(iv) The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the learned court below will take recourse to law of cancellation of bail of the applicant.

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Order Date :- 2.11.2022 Ashutosh

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Digitally signed by ASHUTOSH SINGH Date: 2022.11.02 17:49:53 IST Reason: Location: High Court of Judicature at Allahabad

Nagendra Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Nagendra 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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