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2025 DAILYLAW 111236 (ALL)

RANJEET YADAV v. STATE OF U.P.

BAIL/46423/2024 · 2025-08-21

Ashutosh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:145825 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46423 of 2024 Applicant :- Ranjeet Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Rajrshi Gupta,Sr. Advocate Counsel for Opposite Party :- G.A.,Rajesh Pratap Singh Hon'ble Ashutosh Srivastava,J. 1. This is 3rd bail application filed on behalf of applicant. The 2nd bail application bearing Crl. Misc. Bail Application No. 25643 of 2023 has been rejected by Hon. Mayank Kumar Jain, J, (now Retd.) on 31.10.2023. 2. Heard learned counsel for the applicant, Sri Rajesh Pratap Singh, learned counsel for the first informant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ranjeet Yadav seeking enlargement on bail in Case Crime No. 171 of 2020, under Sections 147, 148, 149, 302/34, 120B IPC and 3/25 Arms Act, Police Station- Devgaon, District- Azamgarh. 4. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 20.08.2020. It is submitted that similarly placed co-accused, Surendra Yadav has already been enlarged on bail of by coordinate Bench of this Court by orders dated 21.11.2024 passed in Criminal Misc. Bail Application Nos. 21926 of 2024. He further submitted that since the role of the applicant is identical to that of co-accused, Surendra Yadav, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. 5. Learned AGA has vehemently opposed the prayer for bail. 6. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. 7. Accordingly, the bail application is allowed. 8. Let the accused-applicant, Ranjeet Yadav involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. 9. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 22.8.2025 v.k.updh. Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad