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2025 DAILYLAW 111980 (ALL)

LALLAN YADAV v. STATE OF U.P.

BAIL/46233/2024 · 2025-01-15

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6751 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46233 of 2024 Applicant :- Lallan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Kumar Singh,Sameer Khan Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 28 of 2023, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Dheena, District Chandauli, during pendency of the trial. 3. It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in four cases in which he has already been enlarged on bail by this Court and the court below. The copy of the bail orders are annexed as Annexure Nos.2-3 of the bail application. It is further submitted that identically placed co-accused namely, Dinesh Bind has been granted bail by this Court vide order dated 07.06.2023 passed in Crl. Misc. Bail Application No.24583 of 2023. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 07.02.2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial. 4. Learned A.G.A. opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant, Lallan Yadav be released on bail on his furnishing a personal bond 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 the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.1.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad