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2025 DAILYLAW 67377 (ALL)

MANOJ YADAV v. STATE OF U.P.

BAIL/20717/2025 · 2025-07-06

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105871 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20717 of 2025 Applicant :- Manoj Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Umapati Lal Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Vishnu Pratap Singh, Advocate, holding brief of Sri Umapati Lal, learned counsel for the applicant and Sri Yagyavalk Pandey, learned A.G.A. for the State. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 208 of 2025, under Sections 124(1), 61(2), 351(2), 352 of B.N.S., 2023, Police Station Ghosi, District Mau, U.P., during pendency of the trial. Learned counsel for the applicant submits that the First Information Report in the present case lodged on 01.05.2025 at 21.55 hours against one named and two unnamed accused person with allegation that on 01.05.2025 at about 01.40 hours, daughter of the informant, aged about 27 years, was coming from the bank after withdrawing money, when she reached near the house of one Gola Master, Sarbaspur, then a motorcycle rider came from behind of her daughter and pour acid on her person and ran away from there, she was taken to the hospital by the locals, she burnt from back to her waist. Applicant has been falsely implicated in the present case, there is no eye-witness of the alleged incident. After arrest of applicant, other two accused persons were dropped from the F.I.R. No specific role has been assigned to the applicant in the alleged incident and he has no motive to commit such crime. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 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. Accordingly, the bail application is allowed. Let the accused-applicant, Manoj Yadav, involved in above mentioned case crime number be released on bail, on his 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: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. 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. 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 :- 7.7.2025 VS Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad