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2025 DAILYLAW 66938 (ALL)

AMIT KUMAR YADAV v. STATE OF U.P.

BAIL/20301/2025 · 2025-07-17

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:117185 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20301 of 2025 Applicant :- Amit Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant- accused Amit Kumar Yadav for the offence punishable under Sections 319(2), 318(4), 336(3), 339, 340(2) B.N.S. and Section 3/25 Arms Act in Case Crime No. 103 of 2025, Police Station- Nagara, District Ballia. 2. Mr. Brij Lal Shukla, learned advocate, appears on behalf of applicant and submits that accused-applicant has been falsely implicated by the police on the basis of tip off. The arrest and recovery of countrymade pistol. Aadhar Card, Pan Card have been confiscated in absence of independent witnesses. It is mentioned in the disclosure statement that accused-applicant has prepared the Identity Card of police personnel to misuse the same. The charge sheet has been submitted in the matter. The accused-applicant is in jail since April, 2025. 3. Per contra, learned AGA has opposed the prayer for bail and submits that the accused-applicant is having a criminal history of two cases. Both the cases have been explained out of which only in one case he is on bail. The accused-applicant is habitual offender. Charge sheet has been submitted. 4. Taken into consideration the rival submissions made by the parties and perused the record. 5. The perusal of the record prima facie reveals that the charge sheet has been submitted in the matter against the accused- applicant. The FIR has been lodged by the police. The arrest and recovery has been made in absence of independent witness. The accused-applicant is languishing in jail since April, 2025. Without touching the merit of the case, this bail application is allowed. 6. Let the accused applicant 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 :- 18.7.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad