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2025 DAILYLAW 174445 (ALL)

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

BAIL/677/2025 · 2025-10-30

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 677 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in S.T. No.1478 of 2024 arising out of FIR No.252 of 2024, under Sections 191(2), 191(3), 352, 103(1), 117(2), 109, 118(1) of BNS, Police Station Thangaon, District Sitapur. 3. In terms of the FIR, it was alleged that on account of a land dispute, which the accused persons wanted to grab, the accused named in the FIR came and after hurling abuses started hitting to the informant with Lathi- Danda and sharp instructions, which resulted into the informant sustaining substantial injuries and the friend of the informant, who tried to intervene, was also beaten up. Subsequently, in the statement, the name of the applicant and the co-accused Pankaj was taken by the informant. 4. In the light of the said allegations, the Counsel for the applicant draws my attention to the postmortem report, which indicates the ante mortem injuries present on right forearm and the left arm and the cause of death, as per the postmortem report is due to septicemia as a result of ante mortem injury. It is also argued that the nature of the injuries pointed out in the postmortem report, the alleged role assigned to the applicant by the informant either in the FIR or in the statement, is not corroborated. It is Versus Counsel for Applicant(s) : Bal Keshwar Srivastava, Dinesh Bahadur Singh, Kanchan Sinha, Shalini Saxena, Vimal Kishore Srivastava Counsel for Opposite Party(s) : G.A., Amit Kumar Gaur Akhilesh Yadav .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) further argued that the death occurred on 31.08.2024 whereas the incident allegedly took place on 16.08.2024. It is further argued that the applicant does not have any criminal antecedents and is in custody since 28.09.2024. 5. Learned A.G.A. vehemently opposed the bail prayer. 6. Considering the nature of the allegations and on perusal of the postmortem report, prima facie, the allegations levelled against the applicant are not corroborated; there is nothing specific against the applicant so as to implicate him in the alleged offence under Section 103 of BNS and the fact that the applicant has no criminal antecedents and is languishing in jail since 28.09.2024, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed . 7. Let the applicant Akhilesh Yadav be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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 officer or tamper with the evidence. October 30, 2025 akverma BAIL No. 677 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench