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Neutral Citation No. - 2025:AHC:111416 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14026 of 2025 Applicant :- Abhishek Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Chandra,Mohd. Akif,Surya Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Aushim Luthra, learned counsel for the applicant, Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 42 of 2025, under Sections 127(2), 75(2), 336(2), 319(2), 318(4), 336(3), 338, 340(2) B.N.S., Police Station- Gorakhnath, District- Gorakhpur, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that initially an F.I.R. was lodged for harassment and beating the first informant and his wife. Subsequently, on the ground that the number plate of the bike of the applicant was not the correct number plate and he changed the number plate by mentioning 'AX' in place of 'AB'. It is also submitted that the charge-sheet has already been filed. Therefore, there is no requirement of custodial interrogation. It is further submitted that just to aggravate the nature of offence, recovery of changed number plate has been shown against the applicant. It is also submitted that applicant has no criminal antecedents to his credit. The applicant is languishing in jail since 04.02.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail but could not dispute the aforesaid fact.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Abhishek Yadav involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 10.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad