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2025 DAILYLAW 46382 (ALL)

VIJAY SINGH YADAV v. STATE OF U.P. AND ANOTHER

NABAIL/3094/2025 · 2025-04-29

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67090 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3094 of 2025 Applicant :- Vijay Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Mohan Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 425 of 2023, under Sections 419, 420, 467, 468, 471 of I.P.C., Police Station- Meja, District- Prayagraj. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant was the marginal witness of the sale-deed executed by the informant in favour of the co-accused, Smt. Guddi. No amount has been credited in the account of the applicant. The applicant is not the beneficiary of the illicit transaction. Further, the co-accused, Guddi and Dayashankar Yadav @ Dara Yadav have been granted anticipatory bail by this Court vide orders dated 12.02.2024 and 14.05.2024 passed in Criminal Misc. Anticipatory Bail Application Nos. 151 of 2024 (Guddi vs. State of U.P. and another) and 4841 of 2024 (Dayashankar Yadav @ Dara Yadav vs. State of U.P. and another) respectively. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that the applicant was the marginal witness of the sale-deed executed by the informant in favour of the co-accused, Smt. Guddi, the fact that no amount has been credited in the account of the applicant, the fact that the co-accused, Guddi and Dayashankar Yadav @ Dara Yadav have been granted anticipatory bail by this Court, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Vijay Singh Yadav, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (ii) 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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 30.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad