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2025 DAILYLAW 33389 (ALL)

YASHWANT ALIAS YASH v. STATE OF U.P.

BAIL/11135/2025 · 2025-04-06

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49217 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11135 of 2025 Applicant :- Yashwant Alias Yash Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No. 192 of 2024 (Session Trial No.19 of 2024), under Sections 147,148,149, 302, 120B and 34 IPC, Police Station Khurja Dehat, District Bulandshahar, during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with co-accused Hemant and some unknown persons and after considering entire facts in detail co-accused Hemant has been released on bail by this Court vide order dated 19.3.2025 passed in Criminal Misc.Bail Application No. 9061 of 2025 and on facts case of applicant is at par with him. 4. He further submits that however, apart from the present case applicant is having criminal history of one another case relates to offence under Section 308 IPC but his criminal history has been duly explained in the instant bail application. 5. He further submits that in the present matter applicant is in jail since 05.6.2024, i.e., for the last more than ten months. 6. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed co-accused Hemant has already been released on bail by this Court after considering entire facts in details and criminal history of solitary case of applicant has been explained in the instant bail application and he is in jail since 05.6.2024, i.e. for last more than ten months, in my view applicant is entitled to be released on bail. 9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Yashwant @ Yash 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. 11. 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. 12. 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 :- 7.4.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad