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2025 DAILYLAW 11971 (ALL)

KARTIKEY SINGH YADAV v. STATE OF U.P.

BAIL/2987/2025 · 2025-07-02

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103714 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2987 of 2025 Applicant :- Kartikey Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Balbeer Singh,Jaswant Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1.Sri Balbeer Singh, Advocate appears and submits that the accused/applicant has been falsely implicated in Case Crime No. 180 of 2024, under Sections 308(5), 127(2), 352, 351(2), 356(2) 317(2) Bhartiya Nyay Sanhita and 66-E I.T. Act, Police Station Khakhreru, District Fatehpur. 2. Learned counsel for the accused-applicant contends that informant alleged that the incident is of 4th November, 2024, when the accused-applicant has given lift to the informant and under duress he has taken his incriminating photographs, which has allegedly been recovered from the mobile phone of the accused. It is further submitted that recovery of mobile phone at the behest of the accused is only a planted recovery, which has allegedly been recovered in absence of independent witness. The charge-sheet has been submitted. The accused-applicant is in jail since last 4-6 months. It is further submitted that the accused-applicant is a student. Co-accused has already been granted bail. As such, he prays that the accused/applicant be enlarged on bail. 3. Learned A.G.A. has opposed the prayer for bail and submitted that incriminating videos and photographs of the informant is recovered from the mobile phone of the accused, who has also confessed the crime. Moreover, the incriminating video and photograph of the informant is in the mobile phone of all the accused, as such the bail application of the accused-applicant should be rejected. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 5. The record prima facie, reveals that the F.I.R. is delayed by four days. The mobile phone at the instance of the accused has been recovered in absence of independent witness. The matter is triable by the Magistrate. The accused-applicant is in jail since last 4-6 months. The co-accused has been already granted bail, having the same role. 6. Hence, without touching merit of the case, the bail application is allowed. 7. The accused/applicant-Kartikey Singh Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 3.7.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad