Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:144272 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24680 of 2024 Applicant :- Nagarjeet Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh,Deepak Kumar Singh,Shishir Kumar Singh,Umesh Chandra Yadav,Vinanjay Kumar Patel Counsel for Opposite Party :- G.A.,Mahendra Ram Maurya Hon'ble Santosh Rai,J.
1. Heard learned counsel for the applicant, Sri Mahendra Ram Maurya, learned counsel for the informant and learned AGA for the State-respondents and perused the record. 2. This bail application has been moved on behalf of accused- applicant Nagarjeet Yadav seeking enlargement on bail in Case Crime No.106 of 2024 , under Sections 307, 506 IPC and Section 4/25 Arms Act, Police Station Dokati, District Ballia. 3. Learned counsel for the applicant submits that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 3.5.2024. It is submitted that the accused appellant is named in the First Information Report. It has been stated in the FIR that accused applicant alongwith another person has assaulted the father of the informant. It is further submitted that the injury caused to the injured is simple in nature and the accused applicant has not intention to commit offence of attempt to murder of his father-in- law. It is argued that there is a close relationship between the the accused applicant and the injured and the FIR was not lodged by the father-in-law of the accused applicant. It is contended that there is a matrimonial dispute going on between the accused applicant and his wife. It is further argued that provisions of Section 50 Cr.P.C. has not been complied with by the Investigating Officer. Learned counsel for the applicant has relied upon the judgments of Hon'ble Supreme Court in Vihaan Kumar Vs. State of Haryana and another 2024 SCC OnLine SC 4701 and Directorate of Enforcement Vs. Subhash Sharma 2025 SCC OnLine SC 240. Submission is that since the charge-sheet has already been submitted and cognizance has also been taken,
therefore, there is no reasonable possibility of intimidating or pressurizing the prosecution witnesses. It is lastly submitted that 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. 4.
Per contra, learned counsel for the informant as well as learned AGA has vehemently opposed the the prayer for bail and submits that the aforesaid amount had been deposited by informant in different accounts including the accused applicant on the request of the accused.. 5. After perusing the record in the light of submission advanced by
learned counsel for applicant and learned AGA and 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.
6. Accordingly, the bail application is allowed.
7. Let the accused-applicant Nagarjeet 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:- i. The applicant will not tamper with the evidence. ii. The applicant will not indulge in any criminal activity. iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. iv. 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.
8. 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 :- 21.8.2025 RA Digitally signed by :- RAZIQ ALI High Court of Judicature at Allahabad