Devendra Yadav v. State of U.P

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35365 of 2023 Applicant :- Devendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Kumar Tripathi,Chakravarti Sisodia Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A. The instant bail application has been filed on behalf of the applicant, Devendra Yadav, with a prayer to release him on bail in Case Crime No. 303 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Kamla Nagar, District-Agra, during pendency of trial. According to the gang chart the applicant is said to has been involved in one criminal case wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 9.4.2023.The applicant has criminal history of eight cases which has been explained in paragraph-7 of the bail application. Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in

(2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid 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 with the following conditions that :-

¶1The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶2The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶3The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 30.10.2023 Atul kr. sri. High Court of Judicature at Allahabad