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2025 DAILYLAW 160393 (ALL)

ARUN YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8265/2025 · 2025-09-02

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8265 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sunil Kumar Singh, learned counsel for the applicant, Shri Ankit Kumar Dwivedi, learned A.G.A. for the State and perused the records. 2. This application has been filed by the applicant, seeking release on bail in FIR case crime number 110 of 2024 under Sections 392, 411, 414, and 34 IPC, Police Station Bijnor District, Lucknow. 3. The aforesaid case has been registered on the basis of an FIR lodged on 20/04/2024, stating that two motorcycle-borne miscreants have snatched away a neck-chain from the informant's wife, and the incident was recorded in the CCTV footage. During investigation, a co-accused person stated in his custodial statement that the applicant was involved in commission of the offence along with him. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent, and he has falsely been implicated in the present case. The applicant's involvement in two other cases has also been disclosed in Para-22 of the affidavit, in both of which he has been granted bail. 5. Learned Additional Government Advocate has opposed the bail application and submitted that a chain of yellow metal has been recovered from the applicant's possession. However, he has stated that although the incident was recorded by a CCTV camera, the miscreants could not be identified from the footage. It has been further submitted that the allegations have been established during investigation and a chargesheet has been submitted on 01.05.2025. 6. Having considered the aforesaid facts and circumstances of the case, and keeping in view the fact that, although the incident is recorded in the Versus Counsel for Applicant(s) : Sunil Kumar Singh Counsel for Opposite Party(s) : G.A. Arun Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) CCTV camera, the applicant could not be identified on the basis of its footage; that the applicant has been implicated in this case on the basis of custodial statement of a co-accused person; that the alleged recovery has not been witnessed by any independent person, and that the applicant is in jail since 26.04.2024, whereas the investigation has already been concluded, I am of the view that the applicant is entitled to be released on bail. 7. Accordingly, the bail application is allowed. 8. Let the applicant- Arun Yadav be released on bail in the case registered under Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 on his furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the 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, unless his appearance is exempted by the learned trial court. September 2, 2025 A.Nigam BAIL No. 8265 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench