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2025 DAILYLAW 189125 (ALL)

DEVENDRA YADAV v. STATE OF U.P.

BAIL/35674/2025 · 2025-10-14

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 35674 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.199 of 2025, under Sections- 115(2), 352, 351(2), 109, 117(2) BNS, Police Station-Haldharpur, District-Mau, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, general role has been assigned to all the four accused persons. It is further submitted that all injuries are simple in nature except the injury caused to the injured Mewati Devi on her head and no specific role has been assigned to any person to cause that injury. It is further submitted that from the perusal of the statement of the injured persons, it is clear that the fighting between the accused and Phulbadan Yadav was going on when the other witnesses came to rescue him then they received injuries. There was no intention to cause injury to Mewati Devi. It is further submitted that the case at the most would fall within the premise of Section 110 BNS which is punishable up to 7 years. It is further submitted that the applicant has no criminal history. The applicant is a law abiding citizen and he is languishing in jail since 14.08.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts. 5. Considering the entire facts and circumstances of the case, Versus Counsel for Applicant(s) : Ajeet Kumar Yadav Counsel for Opposite Party(s) : G.A. Devendra Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Devendra Yadav, involved in the aforementioned crime 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:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 15, 2025 S.C. BAIL No. 35674 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad