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Neutral Citation No. - 2025:AHC:141037 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23166 of 2025 Applicant :- Sumit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shailesh Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J.
1. Supplementary affidavit filed in the Court today is taken on record.
2. Heard Shri Shailesh Singh Yadav, learned counsel for the applicant, Shri Vijendra Kumar, learned AGA for the State- respondents and perused the record.
3. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sumit Yadav, seeking enlargement on bail in Case Crime No. 236 of 2024, under Sections 147, 148, 149, 302, 452, 34 of I.P.C., Police Station- Rasoolabad, District- Kanpur Dehat.
4. There is allegation in the First Information Report that the brother (deceased) of the informant was working as Manager in a private dairy plant and when he asked for his salary, the plant owner along with the applicant committed maar peet with the deceased and seized his educational certificates and twenty thousand rupees and kept him hostage in their bolero car and after some time dropped him at an unknown place. After this incident, the deceased was unable to get any job as his certificates were seized and on 24.01.2025, brother(deceased) of the informant committed suicide.
5. 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 11.06.2024.
Learned counsel for the applicant submits that the FIR has been lodged after 26 days of the incident. He further submits that the deceased was habitual drinker and he himself committed suicide and as per the post mortem report, no injury on the body of the victim of alleged maar peet has been found and cause of death is
ante-mortem hanging. 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.
6. Learned AGA has vehemently opposed the prayer for bail.
7. 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.
8. Accordingly, the bail application is allowed.
9. Let the accused-applicant, Sumit 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.
10. 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 :- 19.8.2025 Anjali Digitally signed by :- ANJALI SHARMA High Court of Judicature at Allahabad