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2025 DAILYLAW 109459 (ALL)

GULSHAN YADAV ALIAS GULAB SINGH YADAV v. STATE OF U.P.

BAIL/44176/2024 · 2025-09-09

Deepak Verma

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 44176 of 2024 Court No. - 72 HON'BLE DEEPAK VERMA, J. 1. Rejoinder affidavit filed today is taken on record. 2. Heard learned counsel for the applicant; learned AGA for the State; learned counsel for the informant and perused the material a available on record. 3. This is second bail application. First bail application has been rejected by this Court on 06.05.2025 in Criminal Misc. Bail Application No.40028 of 2022. 4. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 221 of 2022, registered under Sections 147, 364, 387, 328, 323, 504, 506 I.P.C., Police Station Sipari Bazar, District Jhansi, during pendency of trial. 5. Learned counsel for the applicant submits that applicant is languishing in jail since 14.06.2022 and only one witness has been examined by the trial court. On perusal of deposition and statement of PW-1 no offence under the said sections is made out. It is further submitted that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 6. Counsel for the applicant further submits that against the bail rejection order dated 06.05.2025, the applicant filed SLP (Crl.) No.8068 of 2024 and the Hon'ble Apex Court vide order dated 03.09.2024 dismissed the said SLP Versus Counsel for Applicant(s) : Anand Kumar Yadav, Aryan Srivastava, Prakash Chandra Srivastava Counsel for Opposite Party(s) : Deepak Dubey, G.A. Gulshan Yadav Alias Gulab Singh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) by passing the following order : "1. Heard learned counsel appearing for the parties. 2. We are not inclined to interfere with the impugned judgment and order of the High Court; hence, the special leave petition is dismissed. 3. Pending application(s) shall stand disposed of." 7. Per contra, learned counsel for the informant vehemently opposed the submissions made by learned counsel for the applicant and submits that applicant and other co-accused persons filed 482 Cr.P.C. application and got the proceedings stayed by this Court, therefore, the proceedings before the trial court could not be proceeded. He next submitted that the applicant did not produce the order passed in 482 Cr.P.C. application and trial court proceeded without getting the knowledge that proceedings was stayed. Thereafter, applicant filed SLP (Criminal) Diary No.27912 of 2025 against the order dated 11.08.2023 passed in 482 Cr.P.C. and the Hon'ble Apex Court vide order dated 29.05.2025 disposed of the said SLP by passing the following order:- "1. Delay condoned. 2. The petitioner's grievance is that the interim protection granted by the High Court to the private respondents on 16.05.2023, thereby directing that no coercive action shall be taken, is being blatantly misused by them. There seems to be prima facie merit in the petitioner's contention. However, the appropriate recourse for the petitioner ought to be to approach the High Court for recall/suitable modification of the order granting interim protection. 3. If any such approach is made by the petitioner by filing an appropriate application within two weeks, we request the High Court to take up the same for hearing expeditiously and within four weeks of its filing. The High Court may also consider the desirability of deciding the main petition itself. 4. The Registrar General of the High Court is directed to place this order before the Hon'ble Bench where the matter is listed. BAIL No. 44176 of 2024 2 5. The special leave petition is, accordingly, disposed of. 6. All pending applications, if any, also stand disposed of." 8. Trial court separated the proceedings of the applicant. 9. Considering the submissions of learned counsel for the parties, nature of allegations, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the opinion that it is not a fit case for bail. Hence, the second bail application is, hereby, rejected. 10. However, the trial court is directed to conclude the trial proceedings of the case in accordance with law, as expeditiously as possible, without granting any unnecessary or long adjournments to either of the parties, preferably, within a period of sixteen months from the date of production of a certified copy of this order, if there is no other legal impediment. September 10, 2025 I.A.Siddiqui BAIL No. 44176 of 2024 3 (Deepak Verma,J.) Digitally signed by :- IMRAN AHMAD SIDDIQUI High Court of Judicature at Allahabad