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2025 DAILYLAW 24976 (ALL)

MOLU ALIAS VIVEK YADAV v. STATE OF U.P.

BAIL/7480/2025 · 2025-03-03

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30661 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7480 of 2025 Applicant :- Molu Alias Vivek Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri V. P. Tripathi, learned A.G.A. for the State-opposite party. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 508 of 2024, under Sections 333, 352, 109, 115(2), 191(2) B.N.S., Police Station Chaubeypur, District Varanasi, during the pendency of the trial. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, four named accused including the applicant and three unknown persons are alleged to have assaulted the informant and two others. As per the medical report of the informant Arvind Kumar, he received three injuries, which were found simple in nature. Injured Surendra received a single injury on his head. As per NCCT Head, a fracture was found on the skull. Injured Chandan was not examined by the doctor. It is contended that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused injury on the head of the injured Surendra. The applicant is in jail since 04.02.2024 having no criminal history and if he is released on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused injury on the head of the injured Surendra. The applicant has no criminal antecedents. Moreover, the applicant has remained confined for one year and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Molu Alias Vivek Yadav, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 4.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad