Govind Prasad Yadav Vs State of U.P. Thru. Prin. Secy. Home U.P. Lko.

Neutral Citation No. - 2024:AHC-LKO:11860

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1046 of 2024

Applicant :- Govind Prasad Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Km. Akhilesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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

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Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary and charge-sheet in this case has already been filed.

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Supplementary affidavit filed on behalf of the applicant is taken on record.

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This bail application has been moved by the accused/applicant- Govind Prasad Yadav for grant of bail in Case Crime No.01324 of 2022, under Sections 420, 406, 506, 467, 468, 471 and 120-B IPC lodged at Police Station Kotwali Nagar, District Barabanki, during trial.

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Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and, he has not committed any offence, as claimed by the prosecution and, even if the case of the prosecution, as narrated in the FIR as well as in the statement of prosecution witnesses, is taken on its face, the only allegation which has been levelled against the applicant is to the tune that he has failed to construct boundary-wall on the boundaries of the land while the money for that purpose had already been taken by him. It is further submitted that the charge-sheet in this case has already been filed and the applicant is languishing in jail in this case since 28.11.2023. Criminal history of five cases has been explained in the supplementary affidavit filed today. Co-accused- Krishna Kant Srivastava, whose role in the alleged crime is graver than the applicant, has been enlarged on bail by this Court vide order passed in Criminal Misc. Bail Application No.14152 of 2023 and there is no apprehension that after being released on bail, he may flee from the course of law or may

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otherwise misuse the liberty.

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Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and, therefore, he is not entitled to be released on bail.

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Considering the fact that the charge-sheet in this case has already been filed, the applicant is languishing in jail in this case since 28.11.2023, co-accused- Krishna Kant Srivastava, whose role is graver than the applicant, has been enlarged on bail by the coordinate bench of this court and also the fact that only allegation which has been levelled against the application is that he has failed to construct the boundary-wall while the money for that purpose has been taken, the facility of bail may be extended in favour of the applicant.

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In result, the bail application of the applicant is allowed .

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Let the accused/applicant- Govind Prasad Yadav involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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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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Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.

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Order Date :- 8.2.2024 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Govind Prasad Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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Govind Prasad Yadav v. State of U.P. Thru. Prin. Secy. Home U.P. Lko.

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