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2025 DAILYLAW 151455 (ALL)

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

BAIL/6511/2025 · 2025-07-16

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40533 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6511 of 2025 Applicant :- Atul Yadav Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. Counsel for Applicant :- Ravi Yadav,Anand Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the record. The present bail application has been filed by the accused-applicant seeking bail in Case Crime No. 144 of 2025, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Aspur Devsara, District Pratapgarh. Learned counsel for the applicant submits that the gang chart shows only a solitary case against the applicant, in which he has already been granted bail and a copy of the said bail order has been filed as Annexure-3 to the bail application. It is further submitted that apart from the aforesaid case, the applicant has a criminal history of two more cases, in which he has also been granted bail. Copies of the bail orders in those cases have been collectively annexed as Annexure-4 to the bail application. The applicant is in judicial custody since 29.05.2025. It is also submitted that the applicant is ready and willing to furnish an undertaking as per the requirement of Section 19(4)(b) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant fleeing from judicial custody or tampering with the prosecution witnesses. In the event of being released on bail, the applicant undertakes not to misuse the liberty granted. Learned A.G.A. has opposed the bail prayer but could not dispute the factual submissions made on behalf of the applicant. Considering the facts and circumstances of the case, particularly that the applicant is in jail since 29.5.2025, that only one case is shown in the gang chart in which he has already been granted bail, and taking into account the period of incarceration, and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for grant of bail. Accordingly, the application is allowed. Let the applicant Atul Yadav involved in the aforesaid case crime number 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 also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail. (vi) 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 of the IPC (now Section 269 BNS). (vii) 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 Section 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 of the IPC (now Section 209 BNS). Order Date :- 16.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench