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Neutral Citation No. - 2025:AHC:41531 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9544 of 2025 Applicant :- Mewalal Yadav And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Prasad,Utkarsh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicants, Shri Umesh Kumar, learned State Law Officer for the State-respondent, Shri Mahendra Kumar, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicants, Mewalal Yadav and Om Prakash Yadav, seeking enlargement on bail in Case Crime No. 47 of 2025 , under Sections 109, 351 (3), 352, 115 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bhadohi, District Bhadohi.
Learned counsel for the applicants argued that the accused- applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since
26.1.2025. Learned counsel for the applicants submits that applicant No. 1 has been assigned role of giving knife blow upon the injured whereas applicant No. 2 has been assigned role of catching hold to the victim. As per x-ray report, no bony injury was found on the person of injured. The receipt of injury on the person of victim is only one. He has no criminal antecedent and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed. Let the accused-applicants, Mewalal Yadav and Om Prakash Yadav, involved in above mentioned case crime number be released on bail, on their executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 21.3.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad