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2025 DAILYLAW 156493 (ALL)

MANOJ KUMAR YADAV v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. OF HOME LKO.

BAIL/7337/2025 · 2025-08-07

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46174 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7337 of 2025 Applicant :- Manoj Kumar Yadav Opposite Party :- The State Of U.P. Thru. Prin. Secy. Home Deptt. Of Home Lko. Counsel for Applicant :- Akshat Prakash Tripathi,Abhishek Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Akshat Prakash Tripathi and Shri Abhishek Singh, the learned counsel for the applicant, Shri Angad Kumar Vishwakarma, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.22 of 2023 under Sections 323/506/504/471/468/467/420/406 I.P.C. registered at Police Station- Chinhat, District- Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Lekhpal on 16.01.2023 against five persons, including the applicant, stating that a land bearing Gata No.500 measuring area 1.050 Hectares situated in Village- Kanchanpur, Matiyari had been acquired and notification under Section 4 and 6 of the Land Acquisition Act have been issued on 26.02.2001 and 04.06.2001. The tenure holders had received the entire acquisition compensation also. The acquired land included land of the applicant's father Ram Gopal and he had received compensation for his land. After death of Ram Gopal, the applicant executed sale deeds in respect of land of his father which already stands acquired. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned counsel for the applicant has submitted that the land had been acquired while the applicant was a minor and he was not aware about the same. The land continued to be recorded in the name of his father and thereafter, it was mutated in the name of the applicant and, therefore, the applicant had executed a sale deed. 6. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on27.02.2025 and 20.07.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the aforesaid submission of the learned counsel for the applicant coupled with the fact that the applicant has no criminal history and he is languishing in jail since 25.06.2025 whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Manoj Kumar Yadav be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court. . [Subhash Vidyarthi, J.] Order Date :- 7.8.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench