Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 187342 (ALL)

DHRUV NARAYAN YADAV v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND 2 OTHERS

BAIL/11356/2025 · 2025-12-05

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 11356 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The accused-applicant seeks bail in FIR No.127 of 2025 under Section 318(2), 316(2), 338, 336(3), 340(2), 61(2), 352, 351(2) BNS, Police Station Krishan Nagar, District Lucknow. In the prosecution case it is alleged that the land measuring 1400 sq.ft. has been sold by Mahipal Yadav to the informant although the said land was already sold by Sukhram in the year 1983. Learned counsel for the applicant submits that the main accused, Mahipal Yadav, has been granted bail by the Court of Additional C.J.M., Court No. 31, Lucknow. The applicant has explained the criminal history of seven cases in paragraph 20 of the bail application. Co-accused Ajay Yadav and Upendra Yadav have also been granted bail by the learned Sessions Judge, as evident by the orders contained in Annexures 4 and 3 to the bail application respectively. The applicant seeks parity. The offence is triable by a Magistrate and is punishable up to seven years. The applicant is in jail since 10.10.2025. It is further submitted that there is no possibility of the applicant of Versus Counsel for Applicant(s) : Sheikh Wali Uz Zaman Counsel for Opposite Party(s) : G.A. Dhruv Narayan Yadav .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others .....Opposite Party(s) 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 bail. Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the facts mentioned above. I have considered the arguments advanced by learned counsel for the parties as well as perused the record. On due consideration of the fact that the role assigned to the applicant is that of a broker and a marginal witness to the execution of the sale deed, and keeping in view that the applicant is in jail since 10.10.2025, has explained his criminal history in the bail application, as well as considering the bail orders of the co-accused named above, 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. Accordingly, the bail application is allowed. Let the applicant Dhruv Narayan Yadav, involved in the aforesaid FIR/Case crime number, be released on bail in the aforementioned case 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 BAIL No. 11356 of 2025 2 the trial. December 5, 2025 Madhu D.R/P.S BAIL No. 11356 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench