Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79047 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13224 of 2025 Applicant :- Ravi Shankar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Tyagi,Sunil Kumar Kushwaha Counsel for Opposite Party :- Abhishek Dwivedi,Deeksha Dwivedi,G.A.,Mohan Lal Pandey Hon'ble Sameer Jain,J.
1. Heard Sri Sunil Kumar Kushwaha, learned counsel for the applicant, Sri Mohan Lal Pandey and Sri Abhishek Dwivedi, learned counsels for the informant and Sri Santosh Kumar Pandey, learned Brief Holder for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 239 of 2024, under Sections 191(2), 191(3), 190, 351(3), 352, 109(1), 115(2), 324(2), 103(1) B.N.S., Police Station Utraon, District Prayagraj during pendency of the trial. 3. Learned counsel for the applicant submits, on the basis of general allegation applicant has been made accused in the present matter along with as many as nine others and however it is a case, in which, seven persons sustained injuries and two persons died but prima facie it appears to be a case of over implication. 4. He further submits, applicant never participated in the alleged incident and at the time of incident he was not present at spot. He further submits, only due to previous enmity he has been made accused in the present matter along with others. 5. He further submits, however, apart from the present case applicant is having criminal history of four other cases but his criminal history has been explained in the instant bail application. 6. He further submits, in the present matter applicant is in jail since
01.11.2024. 7. Per contra, learned AGA as well as learned counsel for the
informant opposed the prayer for bail and submitted it is a case in which due to the assault made by the applicant and others seven persons sustained injuries and two persons died and applicant specifically named in the FIR and even injured persons categorically disclosed his name in their statements recorded during investigation, therefore, considering the totality of facts and circumstances of the case, applicant should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9.
It is a case in which as many as seven persons sustained injuries and two persons lost their lives and applicant is named in the FIR along with others and even injured persons in their statements recorded during investigation made allegation against the applicant and there is no reason to disbelieve their statements at this stage. 10. Further, even applicant is having criminal history of four other cases. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail. 12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is rejected. 13. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 14.5.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad