Allowed

Shiv Prakash Yadav @ Prakash Yadav v. State of U.P.

Allahabad HC24 Jul 2023BAIL/17819/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application by Shiv Prakash Yadav charged under various IPC sections. The applicant had been in custody for two years without trial commencement. The court granted bail via personal bond and sureties.

What did the court decide?

Applicant released on bail via personal bond and two reliable sureties of equal amount to the satisfaction of the court concerned.

Shiv Prakash Yadav @ Prakash Yadav Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:147033

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17819 of 2023

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Applicant :- Shiv Prakash Yadav @ Prakash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Mohan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The FIR in question was lodged allegedly on a report at the instance of the Inquiry Committee by the District Magistrate.

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3 . The Counsel for the applicant argues that that the applicant is in custody for the last two years since 13.07.2021 and even the charges has not been framed. The criminal history has explained in the supplementary affidavit.

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4. Learned A.G.A. vehemently opposed the bail prayer.

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5. Considering the fact that the applicant is in custody for the last two years and the trial has not yet been started, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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6. Accordingly, the bail application is allowed .

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7. Let the applicant Shiv Prakash Yadav @ Prakash Yadav be released on bail in FIR/ Case Crime No.87 of 2021, under Section 419, 420, 467, 468, 471 IPC, Police Station Jiyanpur, District Azamgarh on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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Order Date :- 24.7.2023 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad

Shiv Prakash Yadav @ Prakash Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shiv Prakash Yadav @ Prakash Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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