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2025 DAILYLAW 68308 (ALL)

SHIVNATH YADAV v. STATE OF U.P.

BAIL/21720/2025 · 2025-07-08

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108593 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21720 of 2025 Applicant :- Shivnath Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amrit Shanker Dubey,Gaurav Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Bindeshwari Prasad Mishra, learned counsel for the applicant, Sri Bisheshwar Nath Tripathi, Advocate holding brief of Sri Gaurav Kumar Shukla, learned counsel for the first informant and learned A.G.A. for the State . 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.06 of 2019, under Sections-366, 342, 120B, 506 IPC, Police Station- Dubaulia, District-Basti, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that as per the allegation made in the FIR as well as statement of victim recorded under Section 164 Cr.P.C., the victim, who is 20 years old, was enticed away by the co-accused Ram Rahish and his friends. Subsequently, the victim along with Ram Rahish appeared before this Court in Criminal Misc. Writ Petition No.2871 of 2019 and interim protection was granted vide order dated 01.02.2019. It is further submitted that no allegation has been made against the applicant even in the statement of victim recorded under Section 164 Cr.P.C. He has been falsely implicated because he was friend of main accused Ram Rahish. 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 01.05.2025. 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 counsel for the informant as well as learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 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- Shivnath Yadav 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 :- 9.7.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad