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2025 DAILYLAW 22058 (ALL)

KAMLESH YADAV v. STATE OF U.P.

BAIL/6425/2025 · 2025-04-24

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63705 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6425 of 2025 Applicant :- Kamlesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Rasmi Khilwani Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J. 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, seeking enlargement on bail in Case Crime No. 1 of 2025, under Sections 191(2), 191(3), 333, 326(छ), 115(2), 352 of the Bharatiya Nyaya Sanhita, 2023, Police Station Kolhui, District Maharajganj during the pendency of trial. 2. Learned counsel for the applicants has submitted that the applicant is not named in the FIR. It is submitted that as per the first information report, fifteen unknown persons entered into the house of the informant and did maarpeet and put the house on fire. The co-accused Indrajeet Yadav, Krishna Sanker Upadhyay and Ravi Shanker Upadhyay are named in the first information report. The co-accused Indrajeet Yadav has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 01.04.2025. The injuries sustained by the injured persons are simple in nature. It is also submitted that the name of the applicant came in the picture on the confessional statement of the co- accused. It is further submitted that there are no previous criminal history against the applicant. He is a man of clean antecedents. It is also undertaken that the applicant shall abide by all terms and conditions imposed by this Court while granting the bail. He has prayed for enlarging the applicant on bail. 3. Per contra, learned counsel appearing on behalf of State who has accepted notice in advance vehemently opposed the instant bail application but not contradicted the argument advanced by learned counsel for the applicant. 4. Heard learned counsel for the applicant as well as learned AGA for the State and perused the record. 5. The named accused persons Indrajeet Yadav has already been enlarged on bail by the co-ordinate bench of this Court vide order dated 01.04.2025. The applicant is languishing in jail since 22.01.2025. There are no material available to connect the applicant in the instant offence as alleged in the FIR. The applicant is a man of clean antecedents and has no previous criminal history and it is undertaken that he shall abide by all terms and conditions imposed by this Court while granting the bail. Taking into consideration all entirety of the matter as discussed above, I am inclined to grant bail to the applicant. The bail application is allowed. 6. Let the applicant- Kamlesh Yadav who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence. (ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 25.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad