KAMTA PRASAD YADAV v. STATE OF U.P. THRU. SECY. HOME DEPTT. LKO.
BAIL/1572/2025 · 2025-05-06
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124637 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124637 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:26293 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1572 of 2025 Applicant :- Kamta Prasad Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Desh Raj Singh Yadav,Pooja Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. This is the third bail application on behalf of the applicant who seeks enlargement on bail in FIR No.248 of 2021, under Section 302 IPC, P.S. Maholi, District Sitapur.
3. The first bail application was rejected vide order 21.11.2022 and the second bail application was rejected vide order dated 24.04.2024.
4. Learned counsel for the applicant argues that after the dismissal of the second bail application, one of the eyewitnesses has been examined whose deposition is on record wherein he has not supported the prosecution story. It is further argued that the applicant is in custody since 29.05.2021 and has no criminal antecedent.
5. Learned AGA has opposed the bail application.
6. Considering the fact that the applicant has suffered pre-trial detention of almost four years and has no criminal antecedent and the eyewitness has not supported the prosecution, as such, there is no material on record to demonstrate that the applicant, if enlarged on bail, can have any adverse effect on the trial, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
7. Let the applicant Kamta Prasad Yadav be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 6.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench