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2025 DAILYLAW 148832 (ALL)

ANSHUL YADAV @ ABHISHEK v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/6147/2025 · 2025-07-28

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43440 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6147 of 2025 Applicant :- Anshul Yadav @ Abhishek Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the accused applicant along with co-accused have attacked and inflicted grievous injuries upon the informant and his family members on 4.3.2025 during marriage ceremony. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. The applicant has explained criminal history of one case in the bail application. General allegations has been made against all the assailants in the prosecution case by the injured. All the six injured have suffered simple injuries. Charge sheet has been filed. It is submitted that the co-accused Badal Maurya has been granted anticipatory bail vide order dated 19.5.2025 passed by a coordinate Bench of this court in Anticipatory bail No.475 of 2025. The applicant is in jail since 6.3.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has explained criminal history of one case, charge sheet has been filed, the co-accused, named above, has been granted anticipatory bail, general allegation has been levelled in the prosecution case, injuries received by the injured, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail. 6.Let the applicant Ansul Yadav alias Abhishek, involved in Case Crime No. 0087 of 2025 under sections 191(2), 118(1), 109(1), 352, 351(2) BNS, P.S. Unchahar, district Raebareli, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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. (v) 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 I.P.C. (now 269 BNS) (vi) 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. (now 84 BNSS) is issued and the 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 I.P.C. (now 209 BNS). 7.The application is allowed accordingly. Order Date :- 28.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench