Allowed

Aman Yadav v. State of U.P.

Allahabad HC1 Jun 2023ABAIL/4222/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to Aman Yadav pending trial for offenses under Sections 406, 504, and 506 IPC. The applicant alleged false implication regarding a tractor dispute. The court observed no criminal history and permitted bail based on Satendra Kumar Antil, imposing conditions including a personal bond and surrender of passport.

What did the court decide?

Anticipatory bail granted till conclusion of trial on furnishing personal bond of Rs. 25,000 with two sureties each and abiding by conditions.

Aman Yadav Vs State of U.P. — Anticipatory Bail | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123116

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Court No. - 74

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4222 of 2023

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

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Hon'ble Mayank Kumar Jain,J.

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

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This anticipatory bail application has been moved seeking bail in Case Crime No. 100 of 2022, under Sections 406, 504, 506 of IPC, Police Station Golhaura, District Siddharthnagar during the pendency of trial.

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It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is submitted that applicant has no concerned with the alleged prosecution story mentioned in the first information report. As per the FIR the informant purchased a Tractor in the year 2014 and paid the entire amount. Co-accused Hariram and Lavkush want to grab the Tractor in the garb of forged sale deed. On 06.08.2022 the above accused along with present applicant lifted the Rotavator of the Tractor with him hurling abuses and threatened to life. It is submitted that Co-accused Hariram and Lavkush have been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 01.02.2023 in Criminal Misc. Anticipatory Bail Application No.454 of 2023. It is submitted that charge sheet has been filed against the applicant. It has been stated that applicant is having apprehension of imminent arrest and that applicant has no criminal history to his credit and that in case, he is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation.

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Per-contra, learned A.G.A. has opposed the application for anticipatory bail but could not dispute the aforesaid aspect of the matter.

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Considering the submissions of the learned counsel for the parties

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and all attending facts and circumstances of the case, taking into consideration the gravity of the accusation as well as the fact that there being no criminal antecedents of applicant and there being no possibility of fleeing from justice and considering the dictum of Apex Court in the case of Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, judgement dated 11.7.2022, without expressing any opinion on merit of the case, applicant is entitled to be released on anticipatory bail in this case.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicant- Aman Yadav , involved in aforesaid case crime shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond of Rs. 25,000/with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :-

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(i) the applicant shall appear before the learned trial court on each date when the case is fixed unless exempted.

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(ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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Order Date :- 1.6.2023 Mohit

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Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad

Aman Yadav v. State of U.P.

Case brief

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Aman Yadav v. State of U.P.

Case brief

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