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2025 DAILYLAW 158294 (ALL)

ATUL KUMAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. GOVT. LKO. AND 3 OTHERS

BAIL/7745/2025 · 2025-08-20

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48624 Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7745 of 2025 Applicant :- Atul Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Govt. Lko. And 3 Others Counsel for Applicant :- Shiv Shankar Singh,Vimal Kishor Singh Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. This is second application for bail of the accused applicant seeking enlargement on bail in FIR/Case Crime No.502 of 2023 under sections 363, 366, 376-D, 302, 201 IPC and Section 3/4 POCSO Act, P.S. Mahmoodabad, District Sitapur, the first bail application of the accused applicant was rejected by this court vide order dated 12.07.2024 passed in Bail No.6026 of 2024. While doing so, this court had directed that the charges are framed expeditiously and directed to start the trail expeditiously. 3. It is argued that out of the total thirty one witnesses proposed to be examined, four witnesses have already been deposed and their depositions are on record. None of the four fact witnesses have named the applicant, even the informant has not named the applicant in the entire testimony as well as the watch man, based upon whose statement, the applicant was implicated, has also not named the applicant. 4. In view of the name of the applicant, being absent in any of the statement of the fact witnesses so far, coupled with the fact that the applicant has no criminal antecedents prior to the offence in question, the applicant who is in custody since 07.01.2024, is entitled for the bail. Thus the bail application is allowed. 5. Let the applicant Atul Kumar Yadav be released on bail in aforesaid FIR/Case Crime Number subject to his furnishing a personal bond and two reliable sureties of Rs.40,000/- (Forty Thousand) each of the like amount to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. Order Date :- 20.8.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench