Allowed

Pramod Kumar Yadav v. State of U.P.

Allahabad HC4 Oct 2023BAIL/27669/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a corruption and cheating case. The accused, son of a village pradhan, had been in custody for over six months. The court found that a prima facie case for bail was made out and ordered his release on bond and sureties.

What did the court decide?

The applicant accused was released on bail on furnishing a personal bond and two sureties each in the like amount, subject to specified conditions.

Pramod Kumar Yadav Vs State of U.P. — Corruption | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:189887

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27669 of 2023

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Applicant :- Pramod Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Lal Mani Singh,Ajay Pratap Singh Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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

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The present bail application has been filed by the applicantaccused in case crime No.307 of 2020, under Sections 420 IPC and Section 8(1) Prevention of Corruption Act, police station Karanda, District Ghazipur with the prayer to enlarge the applicant on bail.

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It has been argued by learned counsel for the applicant-accused that the applicant-accused is innocent and he has been falsely implicated in this case. According to prosecution version, it was alleged that the village pradhan and the secretary of gram panchayat Gosendepur have misused the public funds meant for several development work in the village and they transferred funds to applicant and his brother and one firm Durga Shakti Enterprises, showing false supply of material. Learned counsel submitted that the applicant has been falsely implicated in this case merely because the applicant is son of village pradhan. The applicant has supplied construction material and other goods against the payment made to him. Referring to conclusions of investigation, it

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was submitted that an amount of Rs.22,70,344/- was shown transferred to the applicant and that in pursuance to the order dated 18.09.2023 passed by this Court, the applicant has already deposited an amount of Rs.3,40,522/- in the appropriate Government head. Learned counsel submitted that the mother of applicant is already in custody and that now applicant is languishing in jail since 28.03.2023, having no criminal history, and that investigation is already complete and charge-sheet has been filed. The applicant has already undergone the detention of more than six months. It was further submitted that in case the applicant-accused is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

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Learned A.G.A. has opposed the bail application and argued that applicant is son of village pradhan and an amount of Rs.22,70,344/- was transferred into bank account of applicant by showing false supply of material.

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Considering the submissions of learned counsel for the parties, nature of accusations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out. Hence, the bail application is hereby allowed.

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Let the applicant-accused Pramod Kumar Yadav involved in aforesaid crime be released on bail 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-accused shall not tamper with the evidence during the trial.

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(ii) The applicant-accused shall not pressurize/ intimidate the prosecution witness.

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(iii) The applicant-accused shall appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant-accused shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(v) The applicant-accused 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant-accused in accordance with law.

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It is clarified that the amount of Rs.3,40,522/- deposited by the applicant shall be subject to the decision of the trial court at the time of final verdict.

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Order Date :- 4.10.2023 Neeraj

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Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad

Pramod Kumar Yadav v. State of U.P.

Case brief

What is this about?

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Pramod Kumar Yadav v. State of U.P.

Case brief

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