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2025 DAILYLAW 137733 (ALL)

SACHIN YADAV v. STATE OF U.P.THRU. PRINCIPAL SECRETARY DEPTT. OF HOME LKO

BAIL/3750/2025 · 2025-05-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25356 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3750 of 2025 Applicant :- Sachin Yadav Opposite Party :- State Of U.P.Thru. Principal Secretary Deptt. Of Home Lko Counsel for Applicant :- Rama Niwas Pathak Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Rama Niwas Pathak, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 339 of 2024, under Sections 103 (1), 238A, 61(2)A of B.N.S., registered at Police Station Inayat Nagar, District Ayodhya. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.07.2024 against three named accused persons, including the applicant, his father and sister and some unnamed persons, stating that the informant's son used to serve at Ayodhya and on 29.07.2024 he got an information from Police Station Inayat Nagar that his son had been killed by shooting him and his dead body had been thrown near Kisan Inter College. The informant stated that his son had expressed an apprehension of being killed by his wife and her family members due to some monitory transactions. The police claims to have arrested three persons on the basis of an information received from a mukhbir and in their custodial confessional statements, they stated that the deceased had been killed by firing gun shot by the applicant. Abhishek Yadav and Ankit Yadav are said to have been accompanying the applicant at the time of incident. 4. The police claim to have arrest three persons- the applicant, Abhishek yadav and Ankit yadav, on the basis of information received from a Mukhbir. A pistol is said to have been recovered from the applicant. In the custodial statement, the applicant admitted to have killed the deceased by firing a gun- shot. 5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that co- accused Manisha Yadav, Abhishek Yadav and Ankit Yadav have already been enlarged on bail by orders dated 11.12.2024, 07.03.2025 & 07.03.2025 passed by this Court in Criminal Misc. Bail Application Nos.12793 of 2024, 10274 pf 2024 & 10034 of 2024 respectively. 6. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet. 7. The learned A.G.A. has opposed the bail application and he has submitted that a pistol has been recovered from the applicant and he has confessed having killed the deceased from the pistol. He further submitted that the allegations have been established during investigation and a charge-sheet has been submitted on 29.10.2024. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the FIR was filed against three named persons and the applicant was not named in the FIR; he has been arrested on the basis of an information received from a Mukhbir and besides the custodial statement, there is no material against the applicant; that four co-accused persons have already been granted bail in the present case and that the applicant is a yon man, he is languishing in jail since 31.07.2024 whereas the investigation already stands concluded, therefore, I am of the view that the applicant is also entitled to be released on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Sachin 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. . [Subhash Vidyarthi, J.] Order Date :- 2.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench