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2025 DAILYLAW 18235 (ALL)

RAM PRAKASH YADAV v. STATE OF U.P.

BAIL/5062/2025 · 2025-05-20

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85733 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5062 of 2025 Applicant :- Ram Prakash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Arya Suman Pandey Counsel for Opposite Party :- Akhilesh Tripathi,G.A.,Sanjeeva Kumar Yadava Hon'ble Chandra Dhari Singh,J. (Criminal Misc. Short Term Bail Application No.3 of 2025) 1. Sri Arya Suman Pandey, learned counsel appearing on behalf of applicant submits that the instant short term bail application has become infructuous and the same may be dismissed as infructuous. 2. Accordingly, the instant short term bail application is dismissed as infructuous. (Order on Bail Application) 1. The instant bail application under Section 483 of B.N.S.S. has been filed on behalf of applicant for bail in Case Crime No.05 of 2020, under Sections 147, 148, 149, 323, 504, 506, 452, 325, 308 IPC, Police Station - Bhadohi, District - Bhadohi. 2. Learned counsel appearing on behalf of the applicant has submitted that the applicant is innocent person and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. It is also submitted that criminal history of two cases has been explained in paragraph 25 of the paper book. It is further submitted that similarly placed co-accused, Rajendra Yadav and Surendra Yadav have already been granted bail by this Court vide order dated 28.04.2025 passed in Criminal Misc. Bail Application No.16265 of 2024 and, therefore, the applicant is also entitled to be released on bail on the ground of parity. The applicant is languishing in jail since 29.11.2024. It is also undertaken on behalf of the applicant that he shall abide by all terms and conditions as imposed by the Court while granting bail. 3. Per contra, learned counsel appearing on behalf of the State has vehemently opposed the instant bail application but he could not dispute the aforesaid facts as stated by the learned counsel appearing on behalf of applicant. 4. Heard Sri Arya Suman Pandey, learned counsel for the applicant, Sri Vinay Kumar Singh, learned State Law Officer for the State as well as Sri Akhilesh Tripathi, learned counsel for complainant and perused the material available on record. 5. Taking into consideration the aforesaid reasons as stated above and the fact that similarly placed co-accused, Rajendra Yadav and Surendra Yadav have already been granted bail by this Court, without expressing any opinion on the merit of the case, I am inclined to grant bail to the applicant. Accordingly, the bail application is allowed. 6. Let the applicant - Ram Prakash Yadav, who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant shall not tamper with the evidence. (ii) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 BNSS. If in the opinion of the Trial Court absence of the applicant is deliberate of without sufficient 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. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. . (Chandra Dhari Singh, J.) Order Date :- 21.5.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad