ASHISH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
/6928/2025 · 2025-11-20
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DailyLaw.ai
[ 2025 DAILYLAW 182728 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 182728 (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. - 6928 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.It is alleged in the prosecution case that the accused applicant was running a Jan Sewa Kendra as business representative of Bank of Baroda. It is alleged that in connivance with the then Manager of Bank of Baroda while misusing Aadhar card of the complainant and committing cheating, he along with the accused applicant have withdrawn the amount from bank account of Namrata Dubey and Junaid Akhtar. 3.Learned counsel for the applicant submits that as per prosecution case, Rs.9,31,000/- has been withdrawn by Sheela Devi from the account of Namrata Dubey. No such allegation has been levelled on the applicant, however, the applicant has been alleged to have hatched conspiracy along with Sheela Devi and has been assigned similar role. The co-accused Sheela Devi has been granted bail vide order dated 20.8.2025 passed by Sessions Judge, Ambedkar Nagar. The applicant claims parity. The offence is triable by Magistrate. The applicant has no previous criminal history. The applicant is in jail since 7.6.2025. It is further submitted that there is no possibility of the applicant of fleeing away after being released on bail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of Versus Counsel for Applicant(s) : Santosh Kumar Srivastava, Himanshu Singh Counsel for Opposite Party(s) : G.A. Ashish Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s)
bail. 4.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 5.Considering the facts and circumstances of the case, the fact that the applicant has no criminal history, the offence is triable by Magistrate, bail order of the co-accused Sheela Devi, charge sheet has been filed, arguments advanced by learned counsel for the parties, the period for which the applicant is in jail and without expressing any opinion on the merit of the case, I find it to be a fit case for enlarging the applicant on bail.
6.Let the applicant Ashish Yadav, involved in Case Crime No.16 of 2025 under sections 316(5), 336(3), 3(5) of B.N.S., P.S. Kotwali Tanda, district Ambedkar Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the prosecution evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court and he shall appear on each and every date fixed by the trial 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. Any other condition(s) which the trial court/court concerned may deem fit and proper, in the circumstances of the case, may also be imposed. 7.The application is allowed accordingly. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merit of the BAIL No. 6928 of 2025 2
trial. November 20, 2025 kkb/ BAIL No. 6928 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench