Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Judicature at Allahabad
  4. /
  5. 2019
  6. /
  7. January

Lalla @ Yogendra Kumar vs State Of U P

High Court Of Judicature at Allahabad|29 April, 2019
|

JUDGMENT / ORDER

Court No. - 38
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17143 of 2019 Applicant :- Lalla @ Yogendra Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mithilesh Kumar Shukla,Avanish Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
This bail application has been filed on behalf of the applicant involved in Case Crime No. 21 of 2019, under Sections 60/63/72 Excise Act and under Sections 420/ 467/ 468/ 471 of I.P.C., Police Station Chaubeypur, District Kanpur Nagar.
Heard learned counsel for the parties.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated in the present case. Applicant is only driver, he has no concern with the vehicle. No incriminating article has been recovered from his possession. Applicant was not arrested from the spot. There is no reported criminal antecedent against the applicant and is languishing in jail since 20.3.2019.
Learned A.G.A. has opposed the prayer for bail contending that the applicant is named in the First Information Report, as such, he may not be enlarged on bail at this stage.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
Let the applicant-Lalla @ Yogendra Kumar involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witness.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C (iv) argument/judgement.
If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 29.4.2019 Saurabh
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Lalla @ Yogendra Kumar vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
29 April, 2019
Judges
  • Virendra Kumar Srivastava
Advocates
  • Mithilesh Kumar Shukla Avanish Kumar Shukla