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2025 DAILYLAW 67807 (ALL)

YOGESH ALIAS PRAYANSH v. STATE OF U.P.

BAIL/21365/2025 · 2025-07-13

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:112183 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21365 of 2025 Applicant :- Yogesh Alias Prayansh Opposite Party :- State of U.P. Counsel for Applicant :- Phoolbadan Yadav,Swati Agrawal Srivastava Counsel for Opposite Party :- Akhilesh Singh,G.A.,Shivam Yadav Hon'ble Ashutosh Srivastava,J. Heard Ms. Mahajabin under the authority of Ms. Swati Agarwal Srivastava, learned counsel for the applicant, Shri Janardan Yadav under the authority of Shri Akhilesh Singh, learned AGA for the State-respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Yogesh Alias Prayansh, seeking enlargement on bail in Case Crime No. 04 of 2025 , under Sections 103 (1) of the Bharatiya Nyaya Sanhita, 2023, Police Station Ayana, District Auraiya. 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 21.1.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Sayal Yadav @ Shambhu has already been enlarged on bail by this Court on 2.7.2025 in Criminal Misc. Bail Application No. 19590 of 2025. 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 A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. 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, Yogesh Alias Prayansh, 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 :- 14.7.2025 Ravi Prakash (Ashutosh Srivastava, J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad