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2025 DAILYLAW 131760 (ALL)

RAVI YADAV @ ASHISH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/2850/2025 · 2025-08-12

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47115 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2850 of 2025 Applicant :- Ravi Yadav @ Ashish Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arun Sinha,Ram Chandra Singh Counsel for Opposite Party :- G.A.,Amit Kumar Singh,Anupma Pandey,Satyendra Mishra Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record. 2. The present bail application has been filed on behalf of the applicant in Case Crime No.256 of 2024, under Sections 191(2), 191(3), 190, 103(1), 351(2), 352, 61(2) BNS Act, Police Station - Bazar Shukul, District - Amethi, with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 10.10.2024. He further submits that as per the prosecution case, 11 persons caused injury to the deceased and informant of the case is an eye witness. He also submits that only general allegations have been levelled against all the accused persons and statement of the informant was recorded under Section 180 BNS, in which, no specific allegations have been levelled against the applicant. He further submits that in the site plan, location of the informant as well as other alleged eye witnesses have not been shown. He also submits that applicant has explained the criminal history of one case in para 28 of the bail application in which he has been granted bail. He submits that co-accused Shiv Murat Singh who was assigned the similar role has been granted bail by a Co- ordinate Bench of this Court vide order dated 12.06.2025 passed in Criminal Misc. Bail Application No.5244 of 2025 to which applicant seeks parity. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. has opposed the prayer for grant of bail and submits that informant as well as witnesses have categorically stated the presence of the applicant at the place of incident, but he does not dispute this fact that in the site plan the location of the informant as well as other witnesses has not been shown. 5. Considering the rival submissions of learned counsel for applicant, learned A.G.A., material available on record, contents of F.I.R., other relevant documents, nature of offence as well as facts and circumstances of the case as also the fact that it is a case of parity with the bail order of co-accused Shiv Murat Singh (supra), I am of the view that the applicant is entitled to be released on bail. The bail application stands allowed on the grounds of parity. 6. Let applicant - Ravi Yadav @ Ashish Yadav be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/269 BNS. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./84 BNS, may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/209 BNS. (vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNS. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 12.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench