Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20790 of 2021 Applicant :- Rajeev Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Radhey Shyam Yadav,Imtyaz Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard over bail application moved by applicant- Rajeev Yadav to release him on bail in Case Crime No.60 of 2021, u/s 364-A and 506 I.P.C., P.S.-Kotwali Farrukhabad, District-Farrukhabad.
Heard learned counsel for the applicant and learned A.G.A. representing the State through video conferencing and perused the record.
As per the prosecution story, the first information report was lodged by first informant on 22.01.2021 against the owner of mobile numbers 9899506091, 7007195440, 8433018873 alleging that on the said date a call was received in mobile number 8795726319 from 9899506091 for ransom of Rs.10 lakhs in respect of kidnapping of his son, namely, Anuj.
Learned counsel for the applicant argued that accused-applicant is innocent and has falsely been implicated in the present case. It is further submitted that the prosecution story is false and fabricated. It is further submitted that the first informant and his son have taken huge amount in lieu of service in Railway Department from the applicant and the applicant has given Rs.11,40,000/- on 21.07.2018, but they have failed to do so (service in Railway) and when the applicant started demanding his amount, the first informant has lodged the F.I.R. Applicant is of no criminal antecedents till alleged date of arrest and is languishing in jail since 22.01.2021 and undertakes that he will not misuse the liberty in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application, but could not dispute the fact that applicant is of no criminal antecedents till alleged arrest in this case.
Having heard learned counsel for both sides and gone through materials on record, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant-Rajeev Yadav involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 24.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 14:50:23 IST Reason: Document Owner Location: High Court of Judicature at Allahabad