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2025 DAILYLAW 202503 (ALL)

JAI RAM YADAV @ YAGYA RAM YADAV v. THE STATE OF U.P. THRU. PRIN. SECY. HOME, CIVIL SECRTT. LKO.

BAIL/13721/2023 · 2025-10-28

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 13721 of 2023 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.9 of 2023, under Section 302, 323, 504, 506, 324 IPC & Section 4/25 of Arms Act, P.S. Kaudiya, District Gonda. 3. In terms of the FIR it was alleged that co-accused had taken one lakh rupees from the husband of the informant for execution of sale deed around four years ago and when the said amount was demanded, all the three persons armed with spear and lathi, danda attacked the informant as well as her husband. Subsequently, when her husband ran away, the three persons chased him in an agricultural field and after attacking left which resulted in his death. 4. In the light of the said, learned counsel for the applicant argues that initially the FIR was lodged with the said allegation, however, subsequently, in the postmortem report, the cause of death was found to be an injury sustained earlier. 5. Learned AGA has opposed the bail application. 6. Considering the nature of the allegation which resulted in the incident in Versus Counsel for Applicant(s) : Arun Sinha, Ayodhya Prasad Shukla, Dileep Kumar Pathak, Manish Vaish, Ram Chandra Singh Counsel for Opposite Party(s) : G.A. Jai Ram Yadav @ Yagya Ram Yadav .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home, Civil Secrtt. Lko. .....Opposite Party(s) question coupled with the fact that out of 30 witnesses only 6 witnesses have been examined so far and thus, there is no likelihood of the trial being concluded expeditiously, the applicant who is in custody since 08.01.2023 and has no criminal antecedent is entitled to be enlarged on bail. In view thereof, the application is allowed. 7. Let the applicant Jai Ram Yadav @ Yagya Ram Yadav be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of the like amount to the satisfaction of 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 28, 2025 nishant BAIL No. 13721 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench