Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:49697 Court No. - 71 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7200 of 2025 Applicant :- Manohar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akshay Kumar Shukla,Shubhi Singh Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. The present third bail application has been filed by the applicant in Case Crime No. 21 of 2020, under Sections - 302, 201 I.P.C., Police Station - Jamaniya, District - Ghazipur, with the prayer to enlarge the applicant on bail.
3. It has been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case. As per prosecution version, the applicant co-accused persons have made false allegation of theft against the deceased and they forcibly took him away and assaulted him. Referring to facts of the matter it was submitted that there is no credible evidence against the applicant. The first bail application of applicant was rejected by this Court vide order dated 14.10.2020 and Trial Court was directed to expedite the proceedings and to proceed in accordance with provision under Section 309 Cr.P.C. The second bail application of applicant was rejected vide order dated 19.02.2024 and Trial Court was again
directed to expedite the trial and to conclude the same preferably within a period of nine months. Despite repeated directions of this Court, the trial has not been concluded so far. However, all the material witnesses have been examined before the Trial Court. The P.W.-2 Mahendra Yadav has not supported the prosecution version and turned hostile and there are contradictions in the statement of P.W.-1 Sri Krishna Yadav @ Lalu Yaadav. The applicant is in jail since 29.01.2020 and thus, he has already undergone detention of more than five years and trial of the
case is likely to take sufficient long time. It was stated that applicant has no criminal history and in case applicant is released on bail, he will not misuse the liberty of bail.
4. Learned A.G.A. has opposed the bail application and submitted that first and second bail applications of applicant have already been rejected.
5. Considering the submissions of learned counsel for the parties and all attending
facts, particularly the period of detention, without expressing any opinion on merits, a case for bail is made out. Hence, the present third bail application is hereby allowed.
6. Let the applicant - Manohar Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: i. The applicant will not tamper with the evidence during trial. ii. The applicant will not pressurize/intimidate the prosecution witnesses. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
7. In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 7.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad