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2025 DAILYLAW 42958 (ALL)

BHEEM YADAV v. STATE OF U.P. AND ANOTHER

CRLR/5303/2023 · 2025-09-25

Siddharth

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5303 of 2023 Court No. - 47 HON'BLE SIDDHARTH, J. 1. Heard Sri Mohd. Akif, Advocate, holding brief of Sri Praveen Kumar Pandey, learned counsel for the revisionist; Sri Umesh Kumar Vishwakarma, learned counsel for respondent no.2 and perused the trial court record. 2. The above noted revision has been filed challenging the order dated 12.5.2022 whereby Children's court has allowed the bail of juvenile- respondent no.2 and has granted him bail. 3. Learned counsel for the revisionist submits that revisionist was implicated in this case for committing the heinous offence of murder in furtherance of common object and indulging in forming of unlawful assembly of 14 persons. He has wrongly been directed to be enlarged on bail by the appellate court. 4. Learned counsel for respondent no.2 and learned AGA for State- respondent have supported the order passed by the appellate court. 5. After hearing rival contentions, this Court finds that 14 persons were implicated in this case. In the incident in dispute, respondent no.2 was assigned the role of throwing bricks and stones. The report of Probation Officer was in his favour. He was not found to be involved in any case earlier and hence he was granted bail after considering the relevant law of Apex Court in this case. This Court does not finds any illegality for setting aside the order of the appellate court granting bail to respondent Versus Counsel for Revisionist(s) : Aushim Luthra, Praveen Kumar Pandey Counsel for Opposite Party(s) : G.A., Umesh Kumar Vishwakarma Bheem Yadav .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) no.2. 6. Accordingly, the order passed by the appellate court granting bail to respondent no.2 is hereby confirmed. This criminal revision lacks merit and is, accordingly, dismissed. 7. Office is directed to return the trial court record, within 10 days. September 26, 2025 Ruchi Agrahari CRLR No. 5303 of 2023 2 (Siddharth,J.) Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad