RAMBABU YADAV @ RAMU YADAV AND ANOTHER v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO.
BAIL/6805/2025 · 2025-07-25
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 153425 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 153425 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:42984 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6805 of 2025 Applicant :- Rambabu Yadav @ Ramu Yadav And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. Counsel for Applicant :- Farooq Ayoob,Mansi Gupta Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. A supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the record.
Learned counsel for the applicants submits that general role has been attributed to all three accused persons. Except for Vasudev, simple injuries have been inflicted upon the four injured individuals. From the applicants' side, two persons also sustained injuries. Both parties have lodged cross-cases. The applicants have been falsely implicated due to personal enmity. They have explained their criminal antecedents in paragraph 16 of the bail application as well as para 3 and 4 of the supplementary affidavit. They are in custody since 03.07.2025.
Learned counsel for the applicants submits that the co-accused Ramnaresh who was assigned the similar role has been enlarged on bail by this Court vide order dated 21.07.2025 passed in criminal misc. bail application No. 6550 of 2025. Learned counsel for the applicants seeks parity with the order of the co- accused. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are
enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. On due consideration to the bail order of co-accused Ramnaresh, nature of allegations in the prosecution case, the period of incarceration undergone by the applicants, the existence of cross-cases filed by both sides, and the explanation regarding their criminal antecedents in paragraph 16 of the bail application as well as in the supplementary affidavit, and the fact that they are in jail since 03.07.2025, I am of the view that the applicants deserve to be released on bail on bail on the ground of parity. Accordingly, the bail application is allowed on the ground of parity. Let the applicants Rambabu Yadav @ Ramu Yadav and Narendra Kumar Yadav involved in Case Crime No. 474/2024, under Sections 110/115(2)/351(2)/333/352/3(5) B.N.S., Police Station-Tikait Nagar, District-Barabanki be released on bail on their 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 applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/ intimidate the prosecution witness. (iii) The applicants 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/them from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicants shall file an undertaking to the effect that
they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them in accordance with law. (vi) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law under Section 174-A IPC (now Section 209 of BNS). It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial.
Order Date :- 25.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench