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Neutral Citation No. - 2025:AHC:113483 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20798 of 2025 Applicant :- Krishna Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Singh,Jai Prakash Yadav,Rabindra Nath Yadav Counsel for Opposite Party :- G.A.,Krishna Sharma,Sumit Kumar Srivastava Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard Shri J.P. Yadav, learned counsel for the applicant, Shri Purshootam Maurya, learned AGA for the State, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Krishna Yadav, seeking enlargement on bail in Case Crime No. 277 of 2025, under Sections 108 of the Bharatiya Nyaya Sanhita, 2023, Police Station Firozabad South , District Firozabad.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 10.4.2025.
Learned counsel for the applicant submits that present FIR has been lodged with the delay of 01 months 02 days in lodging the FIR. It is an after thought FIR with intention to grab the shop of the grandfather (nana) of the applicant. The allegation against the applicant is that he used to demand the money from the deceased, but neither any complaint or report has been made to the Police Authority either by the deceased or his family members. The role of instigation has been assigned to the applicant, but there is no evidence on record to prove the same. In the statement under Section 180 BNSS, the first informant has not taken the name of the person from whom deceased had taken the money. 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. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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, Krishna 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 :- 15.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad