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Neutral Citation No. - 2025:AHC:69137 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3821 of 2025 Applicant :- Titu @ Yogendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Sanjay Mishra, learned counsel for the applicant and Shri Ajai Kumar Singh, learned A.G.A. representing the State respondents. This bail application under Section 439 Cr.P.C. has been moved on behalf of accused-applicant, Titu @ Yogendra Yadav, seeking enlargement on bail in Special Case Crime No. 87 of 2016 arising out of Case Crime No. 228 of 2015, under Section 399, 402, 411 & 413 I.P.C. and 10/12 of DAA Act, Police Station-Saifai, District Etawah.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 23.12.2024. In the aforesaid case the applicant was granted bail by the Court below on 18.07.2016. Charge sheet has been submitted in the said case on 26.08.2016 Trial was started and the applicant was regularly putting appearance before the Court concerned. In the year 2021 the applicant went to Delhi for earning livelihood and was not able to attend the Court below on some dates. The Court below has issued Non Bailable Warrant against the applicant vide
order dated 01.07.2021 by thereafter the applicant surrendered before the Court below from where he was sent to prison. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned learned AGA has vehemently opposed, but could not
dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Titu @ Yogendra Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 1.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad