RAKESH YADAV AND 2 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
NABAIL/845/2025 · 2025-08-20
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150556 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150556 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:48908 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 845 of 2025 Applicant :- Rakesh Yadav And 2 Others 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. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Siddharth Sinha, the learned counsel appearing on behalf of the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R./Case Crime No.84 of 2025 under Sections 140(1), 351(3) B.N.S. registered at Police Station- Rahimabad, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.05.2025 against five persons, including the applicants, stating that because of a dispute regarding property and some illicit relations of the informant's brother with his sister-in-law, applicant No.1- Rakesh Yadav, who is the co- brother of the informant's son, abducted the informant's son along with the other accused persons, including the applicant No.2 and 3. 4. The victim reached the police station on his own within two hours since lodging of the FIR. 5. The medico-legal examination report of the victim mentions three contusions and the injuries were simple in nature. 6. The applicant Nos.2 and 3 have been arrested during pendency of the anticipatory bail application and they have been granted regular bail by this court. 7. In the affidavit filed in support of the bail application, it has
been stated that the applicant No.1 is innocent, he has been falsely implicated in the present case and he has no criminal history. 8. Co-accused- Umesh Yadav and Balram Yadav have been granted bail by means of orders dated 29.07.2025 and 18.08.2025 passed by this Court in Crl. Misc. Bail Application Nos.6938 of 2025 and 7657 of 2025. 9. Learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations investigation in the present case is still pending. 10.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim has returned on his own within two hours since lodging of the FIR; the injuries suffered by the victim are simple in nature; the allegations levelled against the applicant are similar to that the allegations levelled against two co-accused persons, who have already been granted bail, I am of the view that the aforesaid
facts are sufficient for making out a case for enlargement of the applicant on anticipatory bail in the aforesaid case.
11. In view of the above, the anticipatory bail application of the applicant No.1- Rakesh Yadav is allowed and for the applicant Nos.2 and 3 stands infructuous. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 20.8.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench