Allahabad High Court
Thokia Alias Arvind Yadav vs State Of U.P. on 12 October, 2020
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32985 of 2020 Applicant :- Thokia Alias Arvind Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Surya Prakash Pandey,Ajay Tripathi,Gautam Dubey Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J.
Heard learned counsel for the applicant, Sri Rajiv Dwivedi, learned counsel for the informant and learned AGA for the State.
Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Bail Application The instant bail application has been filed on behalf of the applicant, Thokia Alias Arvind Yadav, with a prayer to release him on bail in Case Crime No. 274 of 2020, under Sections 420, 147, 148, 504, 506, 387 IPC, Police Station Kotwali Karvi, District- Chitrakoot during pendency of trial.
There is allegation of extortion and extending of threat to the informant against the applicant.
Learned counsel for the applicant has submitted that the main role has been assigned to Kumkum Upadhyay and Rajdev Saroj. The applicant is the driver of the main accused. There is only allegation of extending of threat to the informant against him. He has not received any money from the informant. He is in jail since 01.08.2020. He has criminal history of one case wherein he has been acquitted.
Learned AGA has opposed the prayer for bail of the applicant.
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 :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored. In case court below is functioning normally, this condition will not apply and applicant shall be enlarged on bail on execution of bail bond and two sureties to the satisfaction of the court below.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.10.2020 SS