Allahabad High Court
Vinod Yadav And Another vs State Of U.P. And Another on 18 January, 2021
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 73
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9396 of 2020
Applicant :- Vinod Yadav And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Chandra Bhan Yadav,Mahesh Prasad Yadav
Counsel for Opposite Party :- G.A.,R.P.Rajan
Hon'ble Siddharth,J.
Heard learned counsel for the applicants, Sri R. P. Rajan, learned counsel for the informant and learned AGA for the State.
The instant anticipatory bail application has been filed on behalf of the applicants, Vinod Yadav and Ramawadh Yadav, with a prayer to release them on bail in Case Crime No. 1609 of 2019, under Sections 419, 420, 467, 468, 471, 504, 406 I.P.C., Police Station- Cantt., District- Varanasi, during pendency of trial.
As per order dated 07.01.2021, learned counsel for the applicants has submitted that the amount of Rs.Six lakhs has been paid through demand draft to the learned counsel for the informant in Court.
Learned counsel for the informant does not dispute the same.
In view of the above the interim anticipatory bail granted to the applicant is made absolute and they are directed to be enlarged on anticipatory bail till conclusion of trial on the following terms and conditions:-
1. The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court.
2. The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court.
3. That the applicants 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 them from disclosing such facts to the Court or to any police officer;
4. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
5. In case, the applicants misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.
6. The applicants 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. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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.
Order Date :- 18.1.2021
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