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2025 DAILYLAW 101594 (ALL)

RAHUL YADAV v. STATE OF U.P.

NABAIL/8270/2025 · 2025-10-09

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8270 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Manoj Kumar Maurya, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 158 of 2025, under Sections 309(6), 324(4), 3(5) B.N.S., Police Station Bhatni, District Deoria with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant and he has been falsely implicated in the present case. It is also submitted that as per the FIR allegation against the applicant is that he along with other co-accused persons surrounded the first informant and indulged in damaging his vehicle and driver of the vehicle of the first informant was also beaten. It is further submitted that the vehicle (Platina two wheeler) has been recovered from the possession of co-accused Anil Ram. It is further submitted that co-accused Sachin Pandey has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.9.2025 passed in Application u/s 482 BNSS No. 7708 of 2025. It is further submitted that the applicant has criminal history of two cases, which has been explained in paragraph 14 of the memo of application. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the Versus Counsel for Applicant(s) : Manoj Kumar Maurya Counsel for Opposite Party(s) : G.A. Rahul Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per first information report, the applicant along with other co- accused persons surrounded the first informant and indulged in damaging his vehicle and have beaten the driver of the vehicle. They looted the vehicle (Platina two wheeler), which has been recovered from the possession of the co-accused Anil Ram. Similarly situated co-accused Sachin Pandey has already been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 19.9.2025 passed in Application u/s 482 BNSS No. 7708 of 2025. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Rahul Yadav involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the NABAIL No. 8270 of 2025 2 like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicant 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 10, 2025 Abhishek NABAIL No. 8270 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad