Udayveer Yadav v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42097 of 2023 Applicant :- Udayveer Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Munna Tiwari Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.109 of 2013, under Section 3(1) of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Uruwa Bazar, District Gorakhpur, during the pendency of trial.

¶3It is a case of abscondence. Initially the applicant was enlarged on bail by this Court on 06.02.2014. Learned counsel for the applicant contends that after the applicant was released on bail, he had gone to Mumbai for his livelihood and no summon, warrant bailable or non-bailable was served upon him. After knowing about the process, he voluntarily appeared in the court. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since

22.07.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Udayveer Yadav, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses;

(iv) will not leave the territory of District Gorakhpur without prior permission of the concerned court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶8However, it is directed that the case of the applicant would be decided preferably within a period of six months from the date of production of certified copy of this order and thereafter a compliance report would also be sent to this Court through Registrar (Compliance). Order Date :- 28.10.2023 Shahroz High Court of Judicature at Allahabad