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2025 DAILYLAW 44384 (ALL)

AKASH YADAV v. STATE OF U.P.

BAIL/13307/2025 · 2025-04-22

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61547 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13307 of 2025 Applicant :- Akash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Abhinav Singh,Pawan Kumar Rao Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. Learned counsel for the applicant further submits that the F.I.R. was lodged against three named persons including the applicant and 3-4 unknown persons with the allegation that the named accused along with 3-4 unknown persons started abusing after the D.J. Sound was stopped in the marriage and then suddenly someone had stabbed knife in the stomach of the informant. It has further been asserted in the F.I.R. that due to dark the informant could not see as to who caused knife injury to the informant/ injured is not known. Thus, no specific role has been assigned to the applicant, therefore, he may be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that the applicant is in jail since 20.03.2025, with no criminal history. 3. Though, the learned A.GA. for the State has opposed the prayer for bail but he has not disputed that general allegation has been made against the applicant and no specific allegation has been made against him. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicant-Akash Yadav, be enlarged on bail in Case Crime No. 320 of 2024, under Sections 191(2), 118(1), 352, 109 of B.N.S., Police Station- Barhaj, District- Deoria, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicant in accordance with law. Order Date :- 23.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad