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2025 DAILYLAW 107918 (ALL)

BALRAM YADAV v. STATE OF U.P.

BAIL/42925/2024 · 2025-04-27

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65535 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42925 of 2024 Applicant :- Balram Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Yadav,Ramesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 242 of 2024, under Sections 61 (2), 318 (4), 316 (5), 317 (2) of B.N.S., Police Station Sarai Mamrej, District Prayagraj. 2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. Applicant is a Bank Manager and is languishing in jail since 04.10.2024. Learned counsel further submitted that he is a well rooted person in the society and law abiding citizen. It is submitted that all the allegations made by the informant is based on cooked up story. He has been falsely implicated in the instant case due to ulterior motive. It is further submitted that as per the allegation of first information report, Rs. 7,30,000/- has been withdrawn from the account of informant by the applicant with the help of other co- accused persons. It is further submitted that after completion of investigation charge sheet has been filed and cognizance has been taken by the competent Court. Applicant is a man of clean antecedents as he has no previous criminal history. It is further submitted that two other co-accused persons namely Gaurav Singh @ Chanki and Vishal Yadav have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 26.11.2024 and 18.12.2024 respectively. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail. 3. Per contra, Sri Vinay Kumar Singh learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record. 5. It is admitted fact that applicant is a man of clean antecedents and he is languishing in jail since 04.10.2024 i.e. more than six months. Charge sheet has already been filed after completion of investigation. Cognizance has been taken by the competent Court. There are dim chance of conclusion of trial in near future. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that applicant will not co-operate in trial and he may influence the witnesses. 6. Taking into consideration of nature of offence, clean antecedents of the applicant, the fact that other co-accused have already been enlarged on bail by the co-ordinate Bench of this Court and other reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 7. Let the applicant- Balram Yadav, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.1,00,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 28.4.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad