ANIL YADAV @ GULLU YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO
/9758/2024 · 2025-08-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159093 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159093 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45850 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9758 of 2024 Applicant :- Anil Yadav @ Gullu Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko Counsel for Applicant :- Ashish Raman Mishra,Avinash Kumar Srivastava,Daya Shankar Yadav Counsel for Opposite Party :- G.A.,Nazim Ali Siddique Hon'ble Karunesh Singh Pawar,J. Heard learned counsel the applicant, learned A.G.A. for the State and learned counsel for the complainant. The present application under Section 439 Cr.P.C./483 B.N.S.S. has been filed by the applicant- Anil Yadav @ Guddu Yadav seeking bail in FIR/Case Crime No. 167 of 2024, under Sections 147, 342, 323, 304 IPC, P.S.- Kotwali Nagar, District- Bahraich. In the prosecution case, it is alleged that on 2.6.2024, the informant and his friend were going to Bahraich and on the way, when they stopped at a Pan shop, a dispute took place regarding the purchase of Pan and the main accused Anil Yadav (applicant) along with his cousin brother along with 3-4 persons have beaten up the informant and his friend, due to which they sustained several injuries. It is further alleged that the main accused Anil Yadav (applicant) has hit the victim on his head.
Learned counsel for the applicant submits that specific role of causing injury was on the co-accused Rajendra Yadav @ Raju Yadav who has been granted bail by a coordinate bench of this Court. The bail order is on record as Annexure-14 to the bail application. Hence, the present applicant claims parity. Learned A.G.A. and learned counsel for the complainant have opposed the prayer for bail of the applicant. Perused the record. A perusal of the statement of the eye-witness Meraj Khan shows that specific role of causing injury with an iron rod is on the applicant. The coordinate bench of this Court while considering the bail of the co-accused Rajendra Yadav @ Raju Yadav has also
observed that it is the present applicant who has caused the injury. Thus, it does not appear to be a case of parity. The role of the present applicant is distinct from that of the said co-accused who is not named in the FIR. The applicant appears to be the main accused in this case. The offence is heinous in nature. In view of the above, no ground for grant of bail is made out. Accordingly, the bail application is rejected.
Order Date :- 6.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench