Allowed

Umesh Kumar Yadav v. State of U.P.

Allahabad HC9 Aug 2023BAIL/34981/2023

Case brief

AI extract

What is this about?

The court allowed a bail application filed by Umesh Kumar Yadav, an accused in a case concerning illegal smuggling of wine and narcotics. Relying on the lack of independent witnesses to the recovery and the fact that several co-accused had already been granted bail, the court held that keeping the applicant in jail was not in the interest of justice.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties in like amount, subject to standard conditions.

Umesh Kumar Yadav Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:161139

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34981 of 2023

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Applicant :- Umesh Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jeetendra Kesharwani,Sheikh Obaidullah

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Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of the State and perused the record.

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The instant bail application has been filed on behalf of the applicant Umesh Kumar Yadav , with a prayer to release him on bail in Case Crime No. 76 of 2023, under Sections 120-B, 420, 467, 468, 411 I.P.C. and Section 60 of Excise Act, Police Station Ramgarhtal, District Gorakhpur, during the pendency of the trial.

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The prosecution case, in brief, is that on 12.02.2023 the police has received information that some ante-social gang is involved in illegal smuggling of wine and narcotics substance through stolen vehicles. The applicant and co-accused Mudit Rai were arrested by the police and mobile phones. The Rs. 510 were recovered from the possession of the applicant. The applicant and co-accused disclosed the name of other co-accused persons. On the said allegation, aforesaid case crime was registered against the applicant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with ulterior motives. He further submits that there is no independent

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witness of the alleged recovery. He further submits that co-accused Rajesh Kushwaha, Vinay Rai @ Vishal, Mudit Rai @ Meetu, Ajay Shah and Abhijeet Kumar Soni @ Golu have been enlarged on bail by co-ordinate bench of this Court vide orders dated 23.05.2023, 29.05.2023, 30.05.2023 and 30.05.2023 passed in Criminal Misc. Bail Application Nos. 21726 of 2023, 24059 of 2023 and 21197 of 2023, respectively. He further submits that coaccused Dharmendra Kumar, in whose possession 610 bottle of whiskey have been recovered, has been granted bail by co-ordinate bench of this Court vide order dated 07.08.2023 passed in Criminal Misc. Bail Application No. 34551 of 2023. He further submits that the applicant is no longer required for custodial interrogation. There is no criminal history of the accusedapplicant. The applicant has been languishing in jail since 13.02.2023. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, learned A.G.A. opposed prayer made for bail.

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Having heard the learned counsel for the parties and keeping in view the fact that there is no independent witness of the alleged recovery and co-accused persons have already been granted bail by co-ordinate bench of this Court. At this stage, no purpose would be served in keeping the accused-applicant in jail. Considering the totality of the circumstances, the accused-applicant is entitled to bail. Therefore, the bail application is allowed .

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Let the applicant, Umesh Kumar Yadav , be released on bail in the aforesaid case crime, on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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(i). The applicant shall not tamper with the evidence and shall cooperate with the police as required.

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(ii). The applicant shall refrain from pressurising the witnesses during the trial.

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(iii). The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

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Order Date :- 9.8.2023 Shafique

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Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad

Umesh Kumar Yadav v. State of U.P.

Case brief

What is this about?

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Umesh Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

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