SURENDRA YADAV @ UMESH YADAV v. STATE OF U.P. AND ANOTHER
CRLA/5585/2025 · 2025-08-21
Shekhar Kumar Yadav
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 68435 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 68435 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:145297 Court No. - 83 Case :- CRIMINAL APPEAL No. - 5585 of 2025 Appellant :- Surendra Yadav @ Umesh Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Satya Prakash Shukla Counsel for Respondent :- G.A. Hon'ble Shekhar Kumar Yadav,J.
1. As per office report dated, 22.8.2025, notice has been served upon respondent no.2 personally. None present on behalf of the respondent no.2. 2. Heard Mr. Satya Prakash Shukla, learned counsel for the applicant and learned AGA for the State as well as perused the record. 3. The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Surendra Yadav @ Umesh Yadav to set aside the order dated 04.06.2025 in Bail Application No. 959 of 2025 and to release him on bail in Case Crime No. 60 of 2025, under Sections 318(4), 351(2), 352, 336(3), 338, 340(2), 61(2) of B.N.S. and section 3(2)(5) of S.C./S.T. Act, P.S.- Ghorawal, District- Sonbhadra. 4. Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the present case. The appellant is in jail since 19.5.2025. 5. It is further contended that similarly placed co-accused person, namely, Rinku, has already been granted bail by co-ordinate Bench of this Court vide order dated 18.8.2025 in Criminal Misc. Bail Application No. 25495 of 2025, therefore, the applicant is also entitled for bail on the ground of parity. 6. I have perused the bail order of the co-accused and find that the role assigned to the present appellant is almost similar to that of co-accused person, who has already been granted bail by this Court. 7. On the other hand, learned AGA has opposed the application for
bail but could not dispute the submission raised by learned counsel for the appellant. 8. Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail. 9. Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside. 10.
Let the appellant- Surendra Yadav @ Umesh Yadav, involved in aforesaid case crime number be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The appellant will not tamper with the evidence during the trial. (ii) The appellant will not pressurize/ intimidate the prosecution witness. (iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) The appellant 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.
11. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 22.8.2025 Gss Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad