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2025 DAILYLAW 19121 (ALL)

YOGESH AND ANOTHER v. STATE OF U.P.

BAIL/5090/2025 · 2025-04-27

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65805 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5090 of 2025 Applicant :- Yogesh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sushil Kumar Pandey, learned counsel for the applicants and Sri Pradeep Kumar, learned AGA for the State- respondent. 2. The instant application has been filed seeking release of the applicants on bail in Case Crime No. 479 of 2024, under Sections 103(1), 61(2) BNS, Police Station- Khatauli District- Muzaffar Nagar during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that on the basis of false allegation, applicants have been made accused in the present matter along with others including co-accused Upendra and after considering entire facts of the case in detail, co-accused Upendra has been released on bail by this Court vide order dated 07.03.2025 passed in Criminal Misc. Bail Application No. 8143 of 2025 and on facts, case of applicants is at par with him. 4. He further submitted that applicants are not having any criminal history and they are in jail in the present matter since 14.12.2024. 5. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicants. 6. I have heard learned counsel for the parties and perused the record of the case. 7. Considering the argument advanced by learned counsel for the applicants and the fact that similarly placed co-accused Upendra has been released on bail by this Court and applicants are not having any criminal history and they are in jail in the present matter since 14.12.2024, in my view applicants are entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicants- Yogesh and Pramendra Kumar be released on bail in the aforesaid case on 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 applicants shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicants shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicants shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicants. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 28.4.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad