RISHABH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO
BAIL/10152/2025 · 2025-11-03
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 185671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185671 (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. - 10152 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record. 2. Learned counsel for the applicant submits that the name of the applicant has surfaced in the confessional statement of the co-accused Ankit Bhartiya, who has been granted bail by this court vide order dated 13.10.2025, passed in Criminal Misc. Bail Application No. 9585. Hence, the present applicant seeks parity. 3. The alleged recovery from the applicant is of Rs. 40,000/- from the right pocket of the pant of the applicant, whereas, there is no public witness of the said recovery. Further, recovery of Rs. 25,000/- from the house of the applicant is also false as that money belongs to the applicant and there is no corroborative evidence against the applicant and he has been falsely implicated in the present case. 4. It is further submitted that the co-accused Aman Singh Patel, Ankit Bhartiya and Siddhant have been granted bail vide order dated 23.09.2025,13.10.2025 and 15.10.2025 in Criminal Misc. Bail Application No. 8792 of 2025, 9585 of 2025 and 9649 of 2025 respectively. The applicant has no criminal history and he is languishing in jail since
06.06.2025. There is no possibility of the applicant 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. 5. Learned A.G.A. opposed the prayer for bail but could not dispute the Versus Counsel for Applicant(s) : Sharad Nandan Ojha, Adesh Kumar Yadav, Akhand Pratap Singh Counsel for Opposite Party(s) : G.A. Rishabh Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko .....Opposite Party(s)
aforesaid facts as argued by the learned counsel for the applicant. 6.
On due consideration to the submissions advanced, perusal of the record, the bail orders of the co-accused persons Aman Singh Patel, Ankit Bhartiya and Siddhant, as also the fact that the applicant has no criminal history and he is languishing in jail since 06.06.2025; there is no public witness of the said recovery from the applicant; charge-sheet in the case has been filed and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail on the ground of parity. 7. Accordingly, the bail application is allowed. 8. Let the applicant Rishabh Yadav involved in Case Crime/FIR No. 51/2025, Under Sections- 310(2), 317(3), 61(2) of BNS B.N.S, Police Station- Delhupur, District- Pratapgarh, 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 evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) 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. (iv) 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. 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. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section BAIL No. 10152 of 2025 2
84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS). 9. 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 3, 2025 Madhu D.R/P.S BAIL No. 10152 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench