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2025 DAILYLAW 65142 (ALL)

ANIKET YADAV v. STATE OF U.P.

BAIL/25919/2025 · 2025-08-12

Sanjay Kumar Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138248 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25919 of 2025 Applicant :- Aniket Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shailendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant and learned Additional Government Advocate representing the State. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 99 of 2025, under Section 140(2) of B.N.S., 2023, police station Khajani, district Gorakhpur, during the pendency of trial. It is argued by learned counsel for the applicant that a first information report was lodged on 18.03.2025 for the alleged offence under Section 140(2) of B.N.S., 2023 against Kishan Yadav and Aniket Yadav (applicant), for which the applicant had preferred bail application before the trial court which was rejected vide order dated 08.04.2025, therefore, the applicant preferred the instant bail application on 20.05.2025. It is further pointed out that during the pendency of this bail application, charge sheet has been submitted on 05.06.2025 adding Sections 103(1) and 238(a) of B.N.S., 2023. Hence the applicant has preferred separate bail application No. 26319 of 2025 under added Sections 103(1) and 238(a) of B.N.S., 2023, in which applicant has been granted bail vide order dated 07.08.2025. On the strength of aforesaid facts, it is submitted that since the applicant has been granted bail in added sections as noted above, therefore, he may also be enlarged on bail in the instant case under Section 140(2) of B.N.S. 2023. Per contra, learned Additional Government Advocate opposed the prayer for bail of the applicant but could not dispute the factum of the case as argued on behalf of the applicant. Having heard learned counsel for the parties and examined the matter in its entirety, I find that since the applicant has already been granted bail in added Sections 103(1) and 238(a) of B.N.S., 2023, therefore, prima facie the applicant has made out a case for bail under Section 140(2) of B.N.S. 2023 also. Accordingly, the bail application is hereby allowed. Let the applicant-Aniket Yadav, involved in Case Crime No. Case Crime No. 99 of 2025, under Section 140(2) of B.N.S., 2023, be released on bail on the condition mentioned in the order dated 07.08.2025 granting bail to the applicant in Criminal Misc. Bail Application No. 26319 of 2025. Order Date :- 13.8.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad