Allowed

Umesh Yadav v. State of U.P.

Allahabad HC6 Apr 2022BAIL/7950/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, rejecting the rejection made by the lower court and granting bail with standard conditions against subjecting evidence or influencing witnesses.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties subject to conditions against tampering with evidence and influencing witnesses.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7950 of 2022

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Applicant :- Umesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjeev Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.170 of 2021 at Police Station-Bhaluani, District-Deoria under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant is in jail since 19.11.2021.

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The bail application of the applicant was rejected by learned Incharge Special Judge (Gangster Act, Court No.05, Deoria on 18.01.2022.

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Shri Sanjeev Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in the solitary criminal case depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the applicant is a soft target and easy scapegoat for the police authorities who repeatedly nominated him in number of false cases only to burnish their professional credentials.

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The said cases do not relate to any heinous crime and the same have no bearing on the instant case. The applicant never misused the liberty of bail granted to him. There is no possibility of the applicant reoffending nor is he a flight risk.

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Shri Amit Kumar, learned brief holder could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicant does not have any criminal history apart from this case.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Umesh Yadav, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is

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exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.4.2022 Ashish Tripathi

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Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.07 09:41:15 IST Reason: Location: High Court of Judicature at Allahabad

Umesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Umesh Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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