ABHINANDAN YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
/11350/2025 · 2025-11-27
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177130 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177130 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11350 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. Accused-applicant seeks bail in Case Crime No. 471 of 2025 under Sections 305(a), 317(2), 331(4) BNS, P.S.-Chinhat, District-Lucknow. It is alleged in the prosecution case that accused applicant trespassed the house of informant in his absence by breaking the door and committed the theft of some articles, including jewellery from his house. Submission of the learned counsel for the applicant is that on the basis of information received police appear to have arrested the applicant on
11.09.2025. The alleged recovery of one pair ear ring, one ring of yellow metal, four pairs of anklet etc. is false. There is no independent eye witness to the recovery. Applicant has criminal history of fourteen cases which has been explained in para 2 of the supplementary affidavit. The offences are triable by Magistrate. Co-accused/Narsingh Gautam has been enlarged on bail by the Sessions Judge, Lucknow vide order dated 13.10.2025. The order is on record as Annexure No. 3 to the bail application. It is submitted that the role assigned to the applicant is similar to that of the co-accused. Applicant claims parity with the bail order of the said co-accused. Versus Counsel for Applicant(s) : Jitendra Kushwaha, Vivek Chandra Counsel for Opposite Party(s) : G.A. Abhinandan Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail. He stated that applicant has criminal history fourteen cases. However, he could not dispute the fact in all the cases applicant has been enlarged on bail. Considered the aforesaid and perused the record. On due consideration of the facts that applicant is languishing in jail since 18.09.2025, co-accused named above has been enlarged on bail, there appears to be no independent eye witness to the recovery and no identification parade has been conducted, I find it to be a fit case for enlarging the applicant on bail.
Accordingly, the bail application is allowed. Let the applicant-Abhinandan Yadav involved in aforesaid case crime be released on bail 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. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. November 27, 2025 Vinay/- BAIL No. 11350 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench