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2025 DAILYLAW 150818 (ALL)

SHIVAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

NABAIL/860/2025 · 2025-07-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40308 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 860 of 2025 Applicant :- Shivam Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Sheraj,Arundhati Thakur,Kumar Nilesh,Shashank Vikram Verma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime/FIR No. 174/2025, under Sections 309(4), 115(2), 351(2), 352 BNS (Changed Sections 317(2), 309(6), 61(2), 351(2), 352 BNS), P.S. Jahangeerabad, District Barabanki. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. In the prosecution case, it is alleged that while the complainant was present at the Awadh Bus Stand in Lucknow, three unidentified persons arrived in a golden-coloured four-wheeler, shouting “Gonda-Gonda.” Upon enquiring about the fare to Gonda, the complainant boarded the vehicle. Subsequently, while on the Barabanki-Gonda Highway, the accused threatened him and forcibly transferred an amount of Rs. 7,401/- from his account. They also took away his mobile phone and Rs. 600/- in cash by threatening to kill him. Learned counsel for the applicant submits that the applicant is not named in the FIR and has been falsely implicated. It is further submitted that the applicant has explained his criminal antecedents, involving one case, in the supplementary affidavit. According to the statement of the co-accused, the applicant was not present at the scene of the incident. On the contrary, learned AGA opposes the bail application, submitting that the applicant is the mastermind behind the offence. The entire looted amount was transferred using his QR code, and he is the beneficiary of the proceeds of the crime. As per the co-accused's statement, the amount was distributed among the applicant and the other accused persons. The investigating officer has collected substantial evidence establishing the applicant's involvement. It is a matter requiring custodial interrogation. It is lastly submitted that the investigation is still in progress. Upon due consideration of the submissions advanced by the learned AGA and perusal of the case diary, prima facie, the applicant's complicity in the offence is evident. It does not appear to be a case of false implication. Accordingly, the anticipatory bail application is hereby dismissed. However, in case, the applicant surrenders before the concerned court within fifteen days from today and applies for regular bail, the same shall be decided expeditiously in accordance with law. Order Date :- 15.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench