Allowed

Yuvraj Singh Chauhan v. State of U.P.

Allahabad HC26 May 2023BAIL/7206/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by an accused charged with cheating and criminal breach of trust. It held that the applicant has made out a case for bail subject to furnishing bond and sureties and adhering to standard conditions.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties (one being a family member).

Yuvraj Singh Chauhan Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:123823

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7206 of 2023

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Applicant :- Yuvraj Singh Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Surya Mani Tripathi,Ayush Mishra,Binod Kumar Yadav,Prabha Shanker Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri Prabha Shankar Mishra, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.382 of 2022, under Sections 419, 420, 411, 413 I.P.C., P.S. Jhunsi, District Prayagraj.

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Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; the applicant is not named in the first information report and his name has surfaced in the statement of co-accused; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant was not arrested from spot. The first information report of the alleged incident is delayed for which no plausible explanation has been given, which itself falsify the prosecution story. The co-accused namely Rama Shankar Singh has already been released on bail by of this Court vide order dated 10.4.2023 passed in Criminal Misc. Bail Application No.6671 of 2023, a copy of said order has been produced by learned counsel for the applicant which is taken on record. The applicant claims parity. The applicant has criminal history, which has been explained in paragraph no.10 of the affidavit accompanying this bail application. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 5.11.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Yuvraj Singh Chauhan , who is involved in the

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aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties (one should be of a family member) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 26.5.2023 Dev/-

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Digitally signed by :- DEV PRAKASH High Court of Judicature at Allahabad

Yuvraj Singh Chauhan v. State of U.P.

Case brief

What is this about?

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Yuvraj Singh Chauhan v. State of U.P.

Case brief

What is this about?

What did the court decide?

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