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2025 DAILYLAW 36389 (ALL)

KOIL YADAV v. STATE OF U.P.

BAIL/11093/2025 · 2025-07-08

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109022 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11093 of 2025 Applicant :- Koil Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Yadav,Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Anand Vibhor Singh, Advocate holding brief of Sri Karunesh Pratap Singh, learned counsel for applicant and Sri B.P. Singh, learned A.G.A. for State. This is third bail application. The second bail application of applicant was rejected by an order dated 03.05.2024. This bail application has been filed on behalf of the applicant involved in Case Crime No.65/2016 under sections 394, 302, 467, 468, 411, 120B and 25/27 Arms Act, PS. Pipiganj, District Gorakhpur. In pursuance of an order passed by this Court, learned Trial Court has submitted a status report dated 02.05.2025 that out of proposed 34 prosecution witnesses, statement of P.W.-1 is recorded only, however, the report is silent whether the delay in trial is due to non appearance of co-accused as well as why their bail are not cancelled. At this stage, the Court perused the order-sheet annexed along with this application and it appears that co-accused who have already been released on bail are avoiding the trial and against co-accused, repeated NBWs were issued, and proceedings under Section 82 Cr.P.C. are also initiated, but he has not come forward still learned Trial Court has not taken any steps to cancel the bail. In the aforesaid circumstances, though the prayer for bail is rejected, however, it is directed that in case, co-accused violates any condition of bail and does not appear on hearing during trial, learned Trial Court shall pass an order to cancel their respective bail. This application is disposed of with liberty to applicant to approach this Court after a period of 5 months along with status report of trial. Order Date :- 9.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad