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2025 DAILYLAW 47540 (ALL)

VIKAS KUMAR YADAV v. STATE OF U.P.

BAIL/14444/2025 · 2025-09-11

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 14444 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard S/Shri Shardendu Mishra & Rajeev Kumar Pandey learned counsel for the applicant, Shri Manoj Kumar Singh, learned AGA for the State, Shri Jitendra Rana, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Vikas Kumar Yadav, seeking enlargement on bail in Case Crime No. 17 of 2025, under Sections 191 (2), 110, 115 (2), 352, 118 (1), 105 of the Bharatiya Nyaya Sanhita, 2023, Police Station Meja, District Prayagraj. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 8.1.2025. Learned counsel for the applicant submits that FIR has been lodged with omnibus allegations. No specific role has been assigned to the applicant. Specific role for causing injuries on the head of deceased Abhayraj has been assigned to the co-accused Gyanchand. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail by submitting that applicant along Versus Counsel for Applicant(s) : Anushriya Tripathi, Ashok Nath Tripathi, Rajeev Kumar Pandey, Rakesh Nath Tripathi, Shardendu Mishra Counsel for Opposite Party(s) : Arbind Kumar Yadav, G.A., Jitendra Rana Vikas Kumar Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) with co-accused persons are involved in murdering the deceased. Four co- accused persons are absconding from the investigation. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Vikas Kumar Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 12, 2025 Ravi Prakash BAIL No. 14444 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad