Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:53526 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11905 of 2025 Applicant :- Moti Lal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Anil Kumar Shukla, learned counsel for the applicant, Shri Ashok Kumar Rai, 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, Moti Lal Yadav , seeking enlargement on bail in Case Crime No. 44 of 2025 , under Sections 115, 352, 351 (3), 81 (1), 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Pannuganj , District Sonbhadra.
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 17.3.2025.
Learned counsel for the applicant submits that all the injuries suffered by the injured are simple in nature. Even in the x-ray report, no fracture was got found. Both the parties have effected into a compromise, which is annexed with the supplementary affidavit. Seema, who was the main accused, has been exonerated from the proceedings. He has no criminal antecedent 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. 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, Moti Lal 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 :- 11.4.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad