JOGENDRA @ JOGINDAR YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. CIVIL SECRETT. LKO.
BAIL/6793/2023 · 2025-10-16
Pankaj Bhatia
body2025
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[ 2025 DAILYLAW 202269 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 202269 (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. - 6793 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J.
1. Heard learned counsel for the applicant as well as learned A.G.A. and perused the record. 2. The applicant seeks enlargement on bail in FIR No.83 of 2023, under Sections 147, 148, 149, 302, 120B IPC and Section 7 of Criminal Law (Amendment) Act, Police Station Kaisarganj, District Bahraich. 3. In terms of the FIR, it was alleged that the brother of the informant aged about 26 years was standing in front of the home, all the accused, who are 8 in number, came and took him and thereafter killed him with sharp edged weapon. Subsequently, in the statement, the informant alleged that one of the co-accused Jai Chand carrying Banka and the co- accused Shanker was also carrying Banka. It was also alleged that the applicant was armed with Lathi Danda. The postmortem report on record indicates the presence of as many as 13 injuries on the body of the deceased. The cause of death was ascertained as ante mortem injuries. 4. Learned A.G.A. vehemently opposed the bail prayer. 5. Considering the fact that the FIR discloses the sharp edged weapon, Versus Counsel for Applicant(s) : Avinash Kumar Srivastava, Ambrish Kumar, Pawan Kumar Sharma, Rajesh Kumar Awasthi, Shiv Pal Singh Counsel for Opposite Party(s) : G.A., S K Trapathi, S.K. Tripathi, Sumit Chauhan, Umang Agarwal, Vishnu Narayan Sharma, Vishwendra Pratap Singh Jogendra @ Jogindar Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Civil Secrett. Lko. .....Opposite Party(s)
which was not used by the applicant as per the statement of the eyewitness; the co-accused Ramtej @ Lallu Yadav has been enlarged on bail coupled with the fact that the applicant has no criminal antecedents and is languishing in jail since 20.03.2023, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7.
Let the applicant Jogendra @ Jogindar Yadav be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 16, 2025 akverma BAIL No. 6793 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad, Lucknow Bench