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2025 DAILYLAW 107024 (ALL)

MULAYAM YADAV @ INDRASAN YADAV v. State of U.P.

NABAIL/11173/2024 · 2025-01-16

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:7882 Court No. - 68 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11173 of 2024 Applicant :- Mulayam Yadav @ Indrasan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Krishna Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. This anticipatory bail application under Section 482 of B.N.S.S.. has been moved seeking the bail of applicant- Mulayam Yadav @ Indrasan yadav, in the event of his arrest in Case Crime No.167 of 2024, under Section 115 (2), 352, 351 (2), 105 B.N.S., Police Station Kheeri, District- Prayagraj. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He has committed no offence. Learned counsel for the applicant submits that initially the applicant was on bail by the Court of Chief Judicial Magistrate, Prayagraj, vide order dated 30.09.2024. He submits that earlier, the F.I.R. was registered under Section 115 (2), 352, 351 (2) B.N.S. but unfortunately due to death of Shankar Lal, Section 105 B.N.S. was added. He further submits that if the applicant is enlarged on anticipatory bail, he shall not misuse the liberty of bail and would co-operate with the investigation. There is no possibility of the applicant's fleeing away from the judicial process. Learned AGA vehemently opposed the anticipatory bail application and submits that in the incident, during investigation, one injured, namely, Shankar Lal Yadav, died in hospital as a result of the serious head injuries inflicted upon him. Having regard to the submissions made by learned counsel for the parties, allegation levelled against the applicant and taking note of fact that injured Shankar Lal died during the course of investigation, the Court is not inclined to grant any indulgence to the applicant in the present anticipatory bail application. Accordingly, the anticipatory bail application is rejected. Order Date :- 17.1.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad