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2025 DAILYLAW 50484 (ALL)

BRIJESH YADAV v. STATE OF U.P.

BAIL/14212/2025 · 2025-07-15

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116057 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14212 of 2025 Applicant :- Brijesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Nikhil Kumar,Vagish Yadav Counsel for Opposite Party :- G.A.,Pradeep Yadav Hon'ble Avnish Saxena,J. 1. Heard Sri Nikhil Kumar, learned counsel appears for the applicant, Ms. Vandana Singh, learned Advocate holding brief of Sri Pradeep Yadav, appears for the informant in the base cases and learned A.G.A. for the State-respondents. 2. The present bail application has been moved by the applicant- accused Brijesh Yadav for the offence punishable under Section 3(1) of U.P. Gangster Act registered in Case Crime No.208 of 2023, Police Station Jeanpur, District Azamgarh. 3. Learned counsel contends that there are two base cases in the gang chart and in both cases, applicant is acquitted. The judgments are annexed in the bail application and supplementary affidavit. In other four cases shown as criminal history, in two cases, accused is acquitted and in two cases, he is on bail. The charge sheet has been submitted against the applicant and he is in jail since December, 2022. As such, he prays that the accused/applicant be enlarged on bail. 4. The prayer for bail has been vehemently opposed by learned A.G.A. and submitted that the charge sheet has been submitted. 5. This Court has taken into consideration the rival submissions made by the parties and perused the record. 6. The record reveals that two base cases have been mentioned in the gang chart, wherein the accused is acquitted and in 4 other cases of criminal history, in two of which, he is acquitted and in other 2 cases, the applicant has already been granted bail. The applicant is in jail since 02.12.2022. 7. Without touching the merit of the case, this Court is of the opinion that this bail application is allowed. 8. Let the accused applicant Brijesh Yadav be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 16.7.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad