Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:60631 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13066 of 2025 Applicant :- Akhilesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vikash Bhatnagar 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 eight named persons including the applicant and 02-03 unknown persons. The allegation made in the F.I.R. is that all the accused persons assaulted two persons with iron rod, hockey stick, country made pistol and sword. The weapons that had been assigned, Danda to Ashu, Rajkumar and Mahesh, sword to the applicant, Abhay Yadav and Dharamveer iron rod, and Rahul was having hockey stick. Learned counsel further submits that all the injuries were simple in nature and were caused by hard and blunt object. Learned counsel further submits that applicant has been assigned weapon sword, of which there is no injury on the injured persons. One co-accused, Sachin Patel alias Sachin has already been enlarged on bail and the case of applicant is not on the worse footing than that of the co-accused, Sachin, therefore, the applicant 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. As to the criminal history there is two cases into the credit of the applicant, in which is on bail. He next submits that the applicant is in jail since 10.03.2025. 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-Akhilesh Yadav, be enlarged on bail in Case Crime No. 284 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 351(2), 118(1) of B.N.S., Police Station- Bindki, District- Fatehpur, 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