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2025 DAILYLAW 30224 (ALL)

GURUVENDRA YADAV v. STATE OF U.P.

BAIL/23449/2023 · 2025-07-24

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122346 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23449 of 2023 Applicant :- Guruvendra Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra,Alakshendra Pratap,Priyanka Singh,Sheel Kumar Singh Counsel for Opposite Party :- Akanksha Mishra,Ashok Kumar Mishra,G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the informant is not present. 2. Affidavit of compliance filed by learned A.G.A. is taken on record. 3. Heard Sri Akash Mishra, learned counsel for applicant and Sri Rajendra Prasad Singh, learned State Law Officer for the State. 4. The present bail application has been filed by the applicant in Case Crime No.70 of 2023, under Sections 306, 384, 34 IPC, Police Station Kotwali, District Etawah with the prayer to enlarge him on bail. 5. As per prosecution story, the applicant and other co-accused person are stated to have abetted the deceased person to commit suicide on 30.3.2023. 6. Learned counsel for the applicant has stated that he has been falsely implicated in the present case. The FIR is delayed as there is no time of offence mentioned in it. The applicant has nothing to do with the said offence. 7. Learned counsel for the applicant has further stated that the trial is at its conclusive end and there is no occasion for the applicant tampering with evidence as the trial is fixed for arguments. As such, the applicant may be enlarged on bail. 8. It is further argued by learned counsel for the applicant that the ingredients of Section 109 I.P.C. do not stand fulfilled as no overt act has been assigned to the applicant. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 1.4.2023 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 9. Per contra, learned State Law Officer has vehemently opposed the bail application on the ground that there is a suicide note of the deceased person which corroborates the prosecution story and the trial is at its conclusive end, as such, the applicant is not entitled for bail. 10. After hearing learned counsel for the parties and taking into consideration the fact that the FIR was instituted the same day of the offence and the trial being at its conclusive end, I do not find it a fit case for grant of bail to the applicant. 11. The bail application is found devoid of merits and is, accordingly, rejected. 12. However, it is directed that the aforesaid case pending before the trial court be decided expeditiously in view of the principle as has been laid down in the recent judgments of the Supreme Court in the cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal impediment. 13. 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 :- 25.7.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad