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2025 DAILYLAW 111493 (ALL)

ROHIT YADAV ALIAS YUVI v. STATE OF U.P.

BAIL/45902/2024 · 2025-02-12

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:20647 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45902 of 2024 Applicant :- Rohit Yadav Alias Yuvi Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Shri Dileep Singh Yadav, learned counsel for the applicant, Shri Ramendra Pal Singh, learned AGA for the State- respondents and perused the record. 2. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Rohit Yadav alias Yuvi, seeking enlargement on bail in Case Crime No. 0355 of 2024, under Sections 318(4), 338, 336(3), 340(2), 61(2) of the Bharatiya Nyaya Sanhita, 2023 & 66-D of Information Technology Act, Police Station- Panaki, District- Kanpur Nagar. 3. 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 06.10.2024. Learned counsel for the applicant submits that co-accused, Rohan Singh and Manish Kumar, have already been enlarged on bail by this Court vide orders dated 17.01.2025 and 21.01.2025 in Criminal Misc. Bail Application Nos. 44744 of 2024 and 46101 of 2024, respectively. The applicant has criminal history of two cases, which is clearly explained in para no. 9 of the bail application 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. 4. Learned counsel for the informant as well as learned AGA has vehemently opposed the prayer for bail, but could not dispute the fact that co-accused has been enlarged on bail by this Court. 5. 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. 6. Accordingly, the bail application is allowed. 7. Let the accused-applicant, Rohit Yadav alias Yuvi, 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 8. 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 :- 13.2.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad