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Neutral Citation No. - 2025:AHC:56479 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9986 of 2025 Applicant :- Ankit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today is taken on record. Heard Shri Shailendra Kumar Yadav, learned counsel for the applicant and Shri Purshottam Maurya, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Ankit Yadav, seeking enlargement on bail in Case Crime No. 255 of 2024, under Sections 115 (2), 118 (1), 352, 109 (1), 117 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Saraikhwaja, District-jaunpur.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 06.02.2025.
Learned counsel for the applicant submits that First Information Report has been lodged on 09.07.2024 against four named persons, including the applicant with the allegation that all the accused persons has badly beaten the uncle of the first informant due to which he has sustained several injuries. Learned counsel for the applicant submits that only general allegations has been levelled against all the accused persons. No specific role has been assigned to the applicant. Criminal history of three cases has been explained in the affidavit filed in support of bail application as well as supplementary affidvit and there is no likelihood of his 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 but could not dispute the aforesaid facts. 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-applicant, Ankit Yadav, involved in above mentioned case crime number be released on bail, on his 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 applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his 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 his bail.
Order Date :- 17.4.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad