Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:112146 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21306 of 2025 Applicant :- Yashpal Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Patel, Ravi Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ravi Shankar Tripathi, learned counsel for the applicant, Sri Pankaj Saxena, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.40 of 2025, under Sections 137(2), 61(2), 140(2) BNS, Police Station- Ushait, District Budaun.
3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently, victim was also recovered but no one was arrested. Thereafter, the applicant was arrested along with Sagar and Aman and the parents of the victim identified co-accused Sagar and Aman but they did not identify the applicant as a person involved in the kidnapping of the victim. He further submitted that the name of the applicant came up in the statement of co-accused though there is no evidence against the applicant. It is further submitted that charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. The applicant has no criminal history and he is languishing in jail since 10.03.2025. 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.
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- Yashpal 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 :- 14.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad