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2025 DAILYLAW 67436 (ALL)

SANJEEV YADAV ALIAS KAPIL v. STATE OF U.P.

BAIL/20775/2025 · 2025-06-30

Arun Kumar Singh Deshwal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:101122 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20775 of 2025 Applicant :- Sanjeev Yadav Alias Kapil Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Pandey,Bipul Pandey,Nikil Pathak Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Nikhil Pathak, learned counsel for the applicant, learned A.G.A. and perused the record. 2. The instant application has been filed to enlarge the applicant on bail in case crime No.356 of 2025, under Sections 191 (2), 191(3), 3(5), 115(2), 109, 352, 126(2), 351(3) of B.N.S., P.S. Pipraich, District Gorakhpur. 3. Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. General allegations have been made against the applicant. Injuries to the injured are simple in nature. It is further submitted that co-accused Dhirendra Pratap Singh and Diwakar Yadav and Neeraj Yadav @ Monu have already been granted bail by co- ordinate Benches of this Court vide orders dated 26.06.2025 and 27.06.2025 passed in Criminal Misc. Bail Application Nos.21114 of 2025 and 20506 of 2025 respectively. Therefore, the applicant is also entitled to be released on bail on the ground of parity with the co-accused Dhirendra Pratap Singh and Diwakar Yadav and Neeraj Yadav @ Monu. It is further submitted that the applicant has criminal history of three cases of petty offences. The applicant is a law abiding citizen and he is languishing in jail since 14.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail, but he could not dispute the aforesaid fact. 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sanjeev Yadav Alias Kapil, involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:- i. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 1.7.2025 Asha Digitally signed by :- ASHA High Court of Judicature at Allahabad