Yogesh Yadav v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45436 of 2023 Applicant :- Yogesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Kumar,Keshav Hari Dixit,Purushottam Dixit Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.224 of 2023, under Sections 2(b)

(ii)/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Beeta IInd, District Gautambudhnagar.

¶3Learned counsel for the accused-applicant submits that according to the gang-chart (Annexure No.2), only one case has been shown against the accused-applicant, in which he has been enlarged on bail. Copy of the bail order annexed as Annexure No.3 with the affidavit filed in support of the bail application. He further submits that the co-accused Azad and Firoz @ Mami have already been enlarged on bail by the Co-ordinate Benches of this Court vide orders dated 25.09.2023 and 22.09.2023 passed in Criminal Misc. Bail Application No.36982 of 2023 and 40295 of 2023, respectively. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 22.01.2023, therefore, the accused-applicant may be enlarged on bail.

¶4Learned AGA has vehemently opposed the bail application but he could not dispute the submission made above.

¶5Considering the facts, circumstances and the submissions made above, this Court is of the view that the applicant has made out a fit case for grant of bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Yogesh 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.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.10.2023 Zafar High Court of Judicature at Allahabad