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2025 DAILYLAW 168570 (ALL)

ANSH YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO.

BAIL/11836/2024 · 2025-01-03

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:489 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11836 of 2024 Applicant :- Ansh Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Nadeem Murtaza,Ankit Tripathi,Surya Prakash Counsel for Opposite Party :- G.A.,Dev Mani Mishra Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel appearing for the complainant. 2. The present bail application has been filed by the applicant in F.I.R. No. 537 of 2024, under Sections 191(2), 191(3), 115(2), 109, 352 of B.N.S., Police Station Sushant Golf City, District Lucknow South with the prayer to enlarge him on bail. 3. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case. It is further submitted that some quarrel was suddenly taken place in between the parties for not giving pass to the vehicle. It is also submitted that the charge sheet has been submitted by the Investigating OfÏcer in mechanical manner. It is next submitted that earlier the applicant was implicated in one other case, in which, final report has been submitted by the Investigating OfÏcer. It is lastly submitted that in near future, there is no possibility of conclusion of trial and the applicant, who is in jail since 13.10.2024, is entitled for bail. It is also submitted that the applicant will never misuse the liberty of bail and shall fully cooperate in the trial and he will not involve in any criminal activity in future. 4. Learned A.G.A. as well as learned counsel for the complainant vehemently oppose the prayer for grant of bail to the applicant and submit that after collecting the evidences, the involvement of the applicant was found by the Investigating OfÏcer, on the basis of which, the charge sheet has been filed. 5. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of F.I.R., application as well as other relevant documents, I am of the view that the applicant is entitled to be released on bail. 6. Application stands allowed. 7. Let applicant -Ansh Yadav be released on bail in F.I.R. No. 537 of 2024, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:- (i) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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 ofÏce or tamper with the evidence. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 229- A IPC. (v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC. (vi) The applicant shall remain present, in person, before the trial court on dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail. Order Date :- 3.1.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench