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2025 DAILYLAW 26543 (ALL)

JAY KUMAR YADAV v. STATE OF U.P.

BAIL/7996/2025 · 2025-03-05

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32683 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7996 of 2025 Applicant :- Jay Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Vijay Kumar Mishra Hon'ble Sameer Jain,J. 1. Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Vivek Kumar Singh, learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.103 of 2024, under Sections 147, 148, 149, 427, 323, 302, 504, 506, 325, 307 I.P.C. Police Station Barsathi, District Jaunpur during pendency of the trial. 3. Learned counsel for the applicant submitted that on the basis of false allegations, applicant has been made accused in the present matter along with as many as 10 other including co-accused Manoj Kumar Yadav and co-accused-Jyoti Devi and both have been released on bail by this Court. It is further submitted that bail order of co-accused Manoj Kumar Yadav has been annexed at page No. 213 of the paper book. It is further submitted that co-accused Jyoti Devi has been released on bail by this Court vide order dated 04.03.2025 vide Criminal Misc. Bail Application No. 46062 of 2024. It is further submitted that the case of the applicant is at par with the co-accused Jyoti Devi and Manoj Yadav. It is further submitted that however apart from the present case, applicant is having criminal history of three other cases, but, his criminal history has been explained in the instant bail application and all the three cases relate to minor offences. 4. He further submitted that applicant is in jail in the present matter since 02.05.2024 i.e. for last more than 10 months. 5. Per contra, learned AGA opposed the prayer for bail, but, could not dispute the arguments on facts advanced by learned counsel for the applicant. 6. Considering the arguments advanced by learned counsel for the applicant and the fact that similarly placed two co-accused Jyoti Devi and Manoj Kumar Yadav have been enlarged on bail by this Court and criminal history of three cases of the applicant has been explained in the bail application and in the present matter applicant is in jail since 02.05.2024 i.e. for the last more than ten months, in my view, applicant is entitled to be released on bail. 7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 8. Let the applicant-Jay Kumar Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 9. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 10. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 6.3.2025 Karan Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad