Allowed

Shailendra Yadav v. State of U.P.

Allahabad HC28 Aug 2023BAIL/38001/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad allowed the bail application of Shailendra Yadav, prosecuted under Sections 147, 148, 149, 302 IPC, among others. The court noted the trial was delayed by the prosecution and granted bail, directing the applicant to surrender on a personal bond with two sureties under standard conditions.

What did the court decide?

The applicant was released on bail by furnishing a personal bond and two sureties each.

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

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Neutral Citation No. - 2023:AHC:173638

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38001 of 2021

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Applicant :- Shailendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Dhar Dubey Counsel for Opposite Party :- G.A.,Dashrath Lal

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Hon'ble Ajay Bhanot,J.

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By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 429 of 2016 at Police Station-Naini, District-Allahabad under Sections 147, 148, 149, 302, 307, 34, 120-B IPC and Section 7 of the Criminal Law Amendment Act. The applicant is in jail since 06.10.2016.

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The first bail application of the applicant was rejected by this Court on 24.05.2017.

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The following arguments made by Shri Dharmendra Dhar Dubey, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:

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The trial is moving at a snail's pace and is not likely to conclude anytime in the near future. The applicant is not responsible for the delay in the trial.

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The prosecution proposes to examine 19 witnesses but till date only 8 witnesses have been examined. The status report sent by the trial court records that despite

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summons/bailable warrants/warrants being issued by the trial court, the police authorities have not executed the same and the prosecution witnesses have been absenting themselves from the court proceedings.

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The prosecution witnesses are deliberately delaying the conduct of the trial to prolong the detention of the applicant.

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Inordinate delay in concluding trial had 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 speedy trial.

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The prosecution witnesses who have been examined so far do not support the prosecution case. Though the Court does not propose to appraise the evidences as it may influence the trial.

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The applicant seeks parity in relief granted to the coaccused Chandrajeet Singh Yadav, Ashok Yadav, Vimal Kumar Sharma @ Munna Tiwari, Birendra Yadav @ Kariya @ Thokia who have been granted bail by this Court on 20.02.2017, 21.03.2017, 10.01.2018, 07.03.2018 in Criminal Misc. Bail Application Nos. 4192 of 2017, 8234 of 2017, 17787 of 2017 and 2893 of 2018 respectively.

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The learned A.G.A. has drawn attention to other aspects

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of the evidence. However, the Court does not wish to appraise the evidence at this stage as it may influence the trial.

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The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Shailendra Yadav be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence or influence any witness during the trial.

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(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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Order Date :- 28.8.2023 Jaswant

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

Shailendra Yadav v. State of U.P.

Case brief

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Shailendra Yadav v. State of U.P.

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