Om Narayan Yadav v. State of U.P. Thru. Addl. Chief Secy. Home U.P. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14745 of 2023 Applicant :- Om Narayan Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home U.P. Lko. Counsel for Applicant :- Alok Sharma,Gaurav Singh,Pranshu Agrawal Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Pranshu Agrawal, learned counsel for the applicant and Sri Gyanendra Singh, learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.144 of 2023, under Section 420/406/467/468/471/109 I.P.C., registered at Police Station Kotwali Nagar, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 04.02.2023 against two named persons, not including the applicant alleging that the informant had purchased a plot in the year 2015 but he was not delivered possession of the land. The applicant has been implicated subsequently during investigation as he had witnessed the execution of the sale deed.

¶4The applicant's criminal history of 17 other cases has been explained in para 29 of the affidavit filed in support of the bail application, in 8 of which he has been granted bail.

¶5It has also been submitted on behalf of the applicant that the co-accused Manju Singla and Ravindra Jaiswal have already been enlarged on bail by this court.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the grievance of the informant appears to be against a company and the applicant was neither a director nor other principal position holder in the company and two co-accused persons have already been granted bail and that the applicant is languishing in jail since

19.04.2023 and without making any observations which may affect the merits of the case,

¶8I am of the view that the applicant is also entitled to be released on bail.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Om Narayan Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions: -

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. . (Subhash Vidyarthi, J.) Order Date :- 16.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench