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Neutral Citation No. - 2025:AHC:32385 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5594 of 2025 Applicant :- Shubham Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amarnath Tripathi Counsel for Opposite Party :- G.A.,Girish Kumar Gupta Hon'ble Vivek Varma,J.
1. Supplementary affidavit, filed by counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and Girish Kumar Gupta, Perused the record. 3. The instant bail application, under Section 483 B.N.S.S., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 361 of 2024, under Sections 323, 504, 506, 324, 427, 307 I.P.C., Police Station- Chaubepur, District- Varanasi during pendency of the trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, specific role of causing head injury has been assigned to the co-accused Sunil Yadav @ Loha Yadav. Vague and general allegations have been levelled against the applicant. Further, identically placed co-accused Mataru Yadav has been granted bail by this Court vide order dated 25.9.2024 passed in Criminal Misc. Bail Application No. 35495 of 2024. The criminal history of the applicant has been explained in para 4 of the supplementary affidavit. The applicant is in jail since
20.1.2025. In case he is enlarged on bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having heard counsel for the parties and having perused the record, this Court prima facie finds that as per the allegations in the first information report the specific role of causing head injury has been assigned to the co-accused Sunil Yadav @ Loha Yadav. Vague and general allegations have been levelled against the applicant. Identically placed co-accused Mataru Yadav has been granted bail by this Court.
Further the applicant has presently
remained confined for more than one month and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 7. Let the applicant, Shubham Yadav involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 8. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad