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2025 DAILYLAW 169639 (ALL)

RAGHVENDRA AWASTHI @ YASHU v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF HOME AND CONFIDENTIAL, LKO.

BAIL/12834/2024 · 2025-03-26

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17469 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12834 of 2024 Applicant :- Raghvendra Awasthi @ Yashu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home And Confidential, Lko. Counsel for Applicant :- Sudhanshu S. Tripathi,Raghav Bansal,Ritwika Tripathi,Sushil Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Sushil Kumar Singh, learned counsel for the applicant, Sri Akhilesh Kumar Vyas, learned AGA-I for the State. Sri Gulam Mustafa has also filed his powr on behalf of the informant which is taken on record. 2. This third application has been filed seeking release of the applicant on bail in Case Crime No. 188 of 2020, under Sections 147, 148, 149, 302, 34, 120B IPC & 7 Criminal Law Amendment Act, Police Station Gangaghat, District Unnao. 3.The second bail application No. 14398 of 2022 was rejected by means of an order dated 31.05.2024. 4. This third bail application has been moved on the ground that three more persons, namely, Mohd. Rizwan alias Rizwan Kana and Sufiyan Kana, who were assigned the role of shooting, have been granted bail by means of orders dated 02.07.2024 and 09.12.2024. Another co-accused Divya Awasthi, who was assigned the role of entering into a conspiracy, has also been granted bail by means of order dated 18.02.2025. Although the FIR alleges that the applicant and Divya Awasthi both were involved in shooting at the deceased, during investigation, the applicant and Divya Awasthi both were assigned the roles of entering into a conspiracy only. 5. Learned counsel for the applicant has submitted that as Divya Awasthi has been granted bail by means of an order dated 18.02.2025 and the role assigned to the applicant after investigation is similar to that assigned to co-accused Divya Awasthi, the applicant is also entitled to be released on bail. 6. Learned AGA could not dispute the aforesaid aspect of the matter. 7. Accordingly, this Court is of the view that the applicant is also entitled to be released on bail on the ground of parity. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Raghvendra Awasthi @ Yashu be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of 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. . [Subhash Vidyarthi, J.] Order Date :- 26.3.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench