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2025 DAILYLAW 5239 (ALL)

SATYAM PANDEY v. STATE OF U.P.

BAIL/560/2025 · 2025-03-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34766 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 560 of 2025 Applicant :- Satyam Pandey Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Yadav,Karunesh Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. Heard Shri Karunesh Pratap Singh, learned counsel for the applicant,Shri Karunesh Pratap Singh, learned counsel for the informant, Shri Shyam Narayan Rai learned AGA for the State- respondents and perused the record. 3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Yuvraj Pandey, seeking enlargement on bail in Case Crime No. 578 of 2024, under Sections 109, 191(2), 191(3) 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Ramgarhtal, District-Gorakhpur. 4. 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 16.10.2024. There is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. 5. Learned counsel for the applicant submits that no offence as alleged in the FIR has been made out against the applicant. Applicant is not named in the F.I.R. Name of the applicant came into light during the statement of the co-accused namely Vishal Yadav. There is no injured in this case. There is no material with the prosecution to link the applicant with this case. Nothing has been recovered from the possession of the applicant. Co-accused namely Vishal Yadav, Brij Mohan Nishad and Vinod Yadav @ Vinay Yadav have already been released on bail vide orders dated 22.1.2025,22.11.2024 and 17.12.2024 passed in Crl. Misc. Bail Applications No. 44137 of 2024, 40228 of 2024 and 41713 of 2024, respectively. Hence, bail has been prayed for. 6. Learned AGA has vehemently opposed, but could not dispute the fact that co-accused persons have been released on bail. 7. Considering all those 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. 8. Accordingly, the bail application is allowed. 9. Let the accused-applicant, Satyam Pandey, involved in above mentioned case crime number be released on bail, on their 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: i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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. 10. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 7.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad