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2025 DAILYLAW 67490 (ALL)

RAM KISHUN YADAV v. State of U.P.

BAIL/21185/2024 · 2025-05-25

Siddharth

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:8903 Reserved on 22.5.2025 Delivered on 26.5.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21185 of 2024 Applicant :- Ram Kishun Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Aman Patel,Neeraj Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard Sri M.N. Pathak, learned counsel for the applicant; learned AGA for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant, Ram Kishun Yadav, with a prayer to release him on bail in Case Crime No. 217 of 2023, under Sections 302, 34, 120-B IPC & 3/25 Arms Act, Police Station Mehnajpur, District- Azamgarh, during pendency of trial. There are allegations in the FIR that dispute of land of the informant is pending with co-accused, Yogesh Yadav and the applicant, Ram Krishun Yadav, on account of which they have caused murder of elder brother of the informant, Pintu Jaiswal, today, i.e., 13.10.2023 at about 4:00 p.m. When the informant and his nephew, Ajeet Jaiswal, reached from behind, the applicant and co-accused vanished on their motorcycle after causing fire arm injury to the deceased. Learned counsel for the applicant has submitted that motive assigned to the applicant is not justified. There is no documentary evidence of the same. The confessional statement of the applicant was recorded in police custody and planted recovery of one 32 bore pistol, one live cartridge and three empty cartridges were shown from the applicant on 15.11.2023 and recovery of one 32 bore pistol from co-accused, Yogesh, shown on 10.11.2023. The recovery is not in accordance with law. Another co-accused, Sudhir Kumar Yadav, has been granted bail by this Court on 24.4.2024 in Criminal Misc. Bail Application No.15561 of 2024. Applicant is in jail since 02.11.2023. Charges were framed by the trial court on 15.3.2024. Dates for evidence are being fixed. The applicant has been subsequently implicated in two cases by the police. There are 24 prosecution witnesses in the charge-sheet and only one prosecution witness has been examined before the trial court. Learned AGA has vehemently opposed the prayer for bail of the applicant and submitted that there is prior enmity between the parties. The deceased had suffered five fire arm wound of entry and one fire arm wound of exit. Arms have already been recovered on the pointing out of the applicant and co-accused. Co-accused, Sudhir Kumar Yadav, was not named in the FIR. This Court, after hearing the learned counsels for the parties, does not finds any ground for enlarging the applicant on bail at this stage. The bail application is, accordingly, rejected. The trial court is directed to conclude the trial against the applicant, as expeditiously as possible, as per Section 346 B.N.S.S./309 Cr.P.C. Order Date :- 26.5.2025 Ruchi Agrahari Digitally signed by :- RUCHI AGRAHARI High Court of Judicature at Allahabad