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2025 DAILYLAW 20853 (ALL)

RAKESH YADAV v. STATE OF U.P.

BAIL/8070/2025 · 2025-03-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:33325 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8070 of 2025 Applicant :- Rakesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. This is a second bail application. First bail application, of the applicant, being Criminal Misc. Bail Application No. 31023 of 2023, was rejected by coordinate Bench of this Court vide order dated 09.07.2024. Heard Shri Dharmendra Kumar Yadav, learned counsel for the applicant and Shri Manoj Kumar Singh, learned A.G.A. for the State respondents and perused the record. Present second bail application has been filed on behalf of the applicant -Rakesh Yadav, with a prayer to release the applicant on bail in Case Crime No. 125 of 2023, under section 307 I.P.C., Police Station-Sahatwar, District Ballia, on the additional grounds that in the present case charge sheet has been filed by the investigating officer on 16.08.2023; First Informant Smt. Kalawati Devi and the prosecution witnesses namely Deepak Yadav, Sanjay Yadav, Akhilesh Yadav have become hostile; the injured in his statement has stated that he has not seen the person who has given the fire arm injury and the applicant is languishing in jail since more than one year and nine months. Learned A.G.A. opposed the bail application but could not dispute the aforesaid fact. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Rakesh Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad