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2025 DAILYLAW 100774 (ALL)

AKASH YADAV v. STATE OF U.P.

BAIL/32968/2025 · 2025-10-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32968 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Anurag Upadhyay, learned counsel for the applicant, Sri D.P.S. Chauhan, learned A.G.A. for the State and perused the record. 3. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 119 of 2025, under Sections 61(2), 127(2), 109(1), 191(2), 352, 351(3) and 115(2) B.N.S., Police Station- Bahriyabad, District Gazipur. 4. Contention of learned counsel for the applicant is that in the FIR, the applicant was not named but he was subsequently named by injured Kishan Singh and no specific role has been assigned to the applicant, therefore, he is entitled to be released on bail. He also added that applicant is languishing in jail since 21.07.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Per contra, learned counsel for the first informant as well as learned A.G.A. for the State vehemently opposed the prayer for bail and submitted that at the time of lodging the first information report, the injured was not fully aware about the incident and subsequently in his statement has stated that the present applicant along with other co-accused had beaten him mercilessly with lathi and danda. The injured received 10 injuries including the grievous head injury having traumatic depressed comminuted of frontal bone fracture, therefore, the applicant is not Versus Counsel for Applicant(s) : Anurag Upadhyay Counsel for Opposite Party(s) : G.A. Akash Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) entitled to be released on bail. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and taking into account the fact that the applicant along with other co-accused person identified by the injured and role was assigned to all the accused for beating him mercilessly which was duly substantiated by 10 injures including grievous head injury having traumatic depressed comminuted of frontal bone fracture and further the applicant has criminal history of one case. Therefore, he is not entitled to be released on bail at this stage. 6. Accordingly, the bail application is rejected. 7. However, considering the fact that charge sheet has been filed by the police, the court below is expected to conclude the trial expeditiously without giving any unnecessary adjournment to either of the parties. October 8, 2025 A.Kr. BAIL No. 32968 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad