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2025 DAILYLAW 44404 (ALL)

RISHI KUMAR ALIAS VIVEK YADAV v. STATE OF U.P.

BAIL/12952/2025 · 2025-04-21

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60939 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12952 of 2025 Applicant :- Rishi Kumar Alias Vivek Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Gupta,Awaneesha Kumar,Narendra Singh 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 and some unknown persons. Name of applicant has been surfaced in the statement of injured as well as in the confessional statements of co-accused Rajnesh, Sukhani and Rockey. The injured sustained one firearm injury which has been attributed to the co-accused, Rajnesh Yadav. General allegation has been made against the applicant and no specific allegation has been made against him. Two co-accused, Anshul Yadav and Roki Yadav alias Rishi Yadav have already been enlarged on bail and the case of applicant is not on the worse footing than that of the co-accused who have been enlarged on bail. Thus, prayer for bail is made o the ground of parity of those accused who have been 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 13.03.2025, 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-Rishi Kumar Alias Vivek Yadav, be enlarged on bail in Case Crime No. 252 of 2024, under Sections 190, 191(2), 191(3), 109 of B.N.S., Police Station- Achhalda, District- Auraiya, 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 informant would be free to move an application for cancellation of bail before this Court. Order Date :- 22.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad