PRADEEP YADAV @ VIKKI YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
BAIL/5174/2025 · 2025-06-11
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145563 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145563 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:35451 Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5174 of 2025 Applicant :- Pradeep Yadav @ Vikki Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pramod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed on behalf of the applicant seeking anticipatory bail in Case Crime No.592 of 2024, under Section 190, 191(2), 191(3), 103, 352, 3(5) BNS, Police Station Kotwali Nagar, District Sultanpur. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case and only general allegations have been levelled against all the five named and five unknown persons for causing injury with lathi, danda, kicks and punches. Further it has been submitted that only three antimortem injuries have been found on the body of the deceased. The antimortem injuries does not corroborate with the prosecution story. The applicant is languishing in jail since 28.11.2024 and he was implicated in one case earlier. Learned counsel submitted that after implicating in the present case the applicant was also implicated in another case relating to gangster act. There is no possibility of tampering of any evidence. The applicant is ready to co-operate in the investigation. He lastly informs that charge has not been framed till date. There is no possibility of conclusion of trial in the near future, therefore, the applicant be enlarged on bail. 4. Learned A.G.A. vehemently opposed the prayer of the applicant for bail and submitted that all the named and unknown persons caused injury but he did not dispute the fact that only three antimortem injuries were found on the body of the deceased. 5. Considering the rival submissions of learned counsel for parties, material available on record, contents of the F.I.R., other relevant documents including the post mortem report and the fact that the applicant is in jail since 28.11.2024 but till date charge has not been gramed I find it as a fit case for bail of the applicant and I am of the view that the applicant is entitled to be released on bail. 6.
Let applicant - Pradeep Yadav alias Vikki 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. (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., 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. (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. 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. . (Rajeev Singh, J.)
Order Date :- 11.6.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench