Rajendra Yadav v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44224 of 2023 Applicant :- Rajendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Samiuzzaman Khan,Saddam Husain Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Mohd. Samiuzzaman Khan, learned counsel for the applicant and Sri Anil Kumar Mishra, learned A.G.A. for the State and perused the record.

¶3Applicant seeks bail in Case Crime No. 316 of 2023, under Sections 406, 419, 411, 420, 489(B), 489(C), 120B of I.P.C., Police Station-Khajani , District-Gorakhpur , during the pendency of trial.

¶4As per prosecution story, the named accused person Deepak Harijan, Dinesh Prajapati and some unknown persons are stated to have been deceived the informant to the tune of Rs. 12 lacs by giving him 109 fake gold coins.

¶5Learned counsel for the applicant has stated that the applicant is not named in the FIR. He has nothing to do with the said offence as alleged in the FIR. His name has come up in the statement of arrested co-accused person, Deepak Harijan. On the basis of said statement, he has been made an accused. The said statement is not admissible in the alleged offence. A false recovery of Rs. 1 lac has been shown from the applicant. There is no criminal history of the applicant. The applicant is languishing in jail since 27.08.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Per contra, learned A.G.A. and learned counsel for the informant have has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant and also the fact that the applicant has no criminal history.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶8Let the applicant-Rajendra Yadav involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/ intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

¶9In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

¶10Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

¶11It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses. Order Date :- 28.10.2023 Mohini (Krishan Pahal, J.) High Court of Judicature at Allahabad