Allahabad High Court
Abhay Yadav vs State Of U.P. on 1 April, 2025
Author: Ashutosh Srivastava
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:44732 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 341 of 2025 Applicant :- Abhay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
Heard learned counsel for the applicant, Sri Ramendra Pal Singh, learned AGA for the State-Respondent and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 145 of 2024, under Sections 307 of I.P.C. and Section 325 of Arms Act, Police Station Ekdil, District Etawah.
Learned counsel for the applicant argued that the accused-applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that it is a case of Police encounter and no Police personnel have received any injury. The alleged Police encounter, the applicant sustained injury. He further submits that there is no independent or public witness of the alleged Police encounter and the alleged recovery is false. The applicant is languishing in jail since 23.05.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for.
Learned AGA has vehemently opposed, but could not dispute the aforesaid submissions raised by learned counsel for the applicant.
Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Abhay 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.
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 :- 1.4.2025 pks