SHIVAM YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
BAIL/7798/2025 · 2025-08-21
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158701 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158701 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49138 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7798 of 2025 Applicant :- Shivam Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Vivek Kumar Rai,Ajai Kumar,Sudheer Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Vivek Kumar Rai, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.174 of 2025, under Sections 309(4), 115(2), 351(2), 352 of B.N.S. (Changed Sections 309(6), 61(2), 351(2), 352 of B.N.S), registered at Police Station Jahangirabad, District Barabanki. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 09.06.2025 against three unnamed persons, stating that the applicant had sat in a four wheeler vehicle for traveling from Lucknow to Gonda and the other three persons sitting in a vehicle robbed him on the way in District Barabanki. The complainant stated that the accused persons made him transfer Rs. 7401/- through his mobile phone and they snatched away Rs. 600/- in cash kept with him. 4. The police claimed to have arrested five persons on the basis of information received from a mukhbir and in their custodial statements they confessed their involvement in commission of the present offence. 5. The applicant was named by arrested accused persons as their accomplish and it transpired that the amount of Rs. 7401/- was transferred to the applicant's account. 6. In the affidavit filed in support of bail application it has been stated that the applicant is a young man aged 18 years having no criminal history and he has been falsely implicated in the present case. 7. The learned counsel for the applicant has submitted that the
amount was transferred to the account of the applicant without his knowledge and without his consent. He further submitted that four co-accused persons have already been granted bail by the Sessions Court. 8. The learned A.G.A. has opposed the bail application and he has been submitted that the allegations against the applicant have been established and the charge-sheet has been submitted on 26.07.2025.
He further submitted that the offence involved in the present case is serious in nature and it carries a maximum sentence of imprisonment upto 14 years. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the offence is said to have committed by three persons whereas, as per the recovery memo and arrest memo, the police arrested five persons showing their involvement in commission of the offence in the present case and on the basis of their custodial confessional statements, the applicant has been implicated in the present case and that the four co-accused persons have already been granted bail by the Sessions Court, coupled with the fact that the applicant is a young man having no previous criminal history and he is languishing in jail since 22.07.2025 whereas the investigation already 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. 10. Accordingly, this bail application stands allowed. 11. Let the applicant- Shivam Yadav be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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 :- 21.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench