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2025 DAILYLAW 6806 (ALL)

UDAY PRATAP YADAV v. STATE OF U.P.

BAIL/1488/2025 · 2025-02-18

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24366 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1488 of 2025 Applicant :- Uday Pratap Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed by counsel for the applicant today, is taken on record. Heard Shri Santosh Kumar Mishra, learned counsel for the applicant, Shri Arimardan Yadav, learned A.G.A. for the State- respondents and perused the record. This bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Uday Pratap Yadav, seeking enlargement on bail in Case Crime No. 155 of 2024, under Sections 147, 148, 307, 323, 504, 506 I.P.C., Police Station Shrirampur, District- Deoria. Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number. He submits that in the present incident both sides have lodged FIR and both sides sustained injuries. The alleged incident took place on account of a dispute relating to Kharanja road. Three persons sustained injuries on the side of the applicant, while two persons sustained injuries on the side of informant. Only general allegations have been levelled against the applicant; injuries sustained by the injured are simple in nature. He further submits that similarly circumstanced co-accused Markandey Yadav has already been enlarged on bail by co-ordinate Bench of this Court on 3.10.2024 in Criminal Misc. Bail Application No. 36864 of 2024. It is further submitted that the applicant is languishing in jail sine 29.11.2024. Applicant 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 opposed the prayer of bail but could not dispute the submissions made by counsel for the applicant. 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, Uday Pratap 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 :- 19.2.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad