Allowed

Mahendra Yadav v. State of U.P.

Allahabad HC6 Oct 2023BAIL/34774/2022

Case brief

AI extract

What is this about?

The Court granted bail to the applicant in a murder case involving misappropriation. Finding no substantive evidence, no criminal antecedents, and excessive delay in trial without risk of tampering, the applicant was released on personal bond and two sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties on conditions of not tampering with evidence or witnesses and appearing on all dates.

Mahendra Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:193020

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34774 of 2022

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Applicant :- Mahendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sujeet Kumar Rai,Chandra Kumar Rai,Devendra Yadav,Vivek Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,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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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 0357 of 2021, under Section 409 I.P.C., Police Station- Kotwali, District- Azamgarh during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant has not embezzled the sale proceeds of the fertilizer products. No proper accounting has done by the authority prior to the lodging of the first information report. The trial is moving at a snail's pace and is not likely to conclude early. The applicant is not responsible for the delay in the trial. Counsel for the applicant contends that inordinate delay in concluding the trial has led to virtually an indefinite imprisonment of the applicant without there being any credible evidence to implicate him in the offence and violates the rights of the applicant to a speedy trial.

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The applicant does not have any criminal history. The applicant is in jail since 9.6.2022. In case he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that at present there is no substantive evidence against the applicant. The applicant has no criminal antecedents. Further the applicant has presently remained confined for more than one year and three months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without

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commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Mahendra Yadav involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not tamper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 6.10.2023 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Mahendra Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mahendra 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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