Extracted from the PDF above. The PDF is authoritative.
1. Neutral Citation No. - 2025:AHC:115642 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23763 of 2025 Applicant :- Ashutosh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Abhishe Pandey,Raghvendra Pratap Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar,Ramesh Kumar Singh Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Abhishek Pandey, learned counsel for the applicant, Sri Ramesh Kumar Singh, learned counsel for the first informant and Sri Rajeev Kumar Singh, learned A.G.A. for the State
2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.42 of 2025, under Sections 191(2), 115(2), 352, 109, 3(5) BNS, Police Station- Pakari, District Ballia.
3. Contention of learned counsel for the applicant is that as per the allegation made in the FIR as well as statement of witness/injured, four named accused persons including the applicant as well as 3-4 unknown persons started beating the injured on trivial issue and caused injuries to the injured. It is further submitted that as per the injury report of the injured, Indra Bhushan Singh, only one injury was grievous in nature and no specific role has been assigned to any of the co-accused including the applicant to cause that injury. The applicant has no criminal history and he is languishing in jail since 09.05.2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned counsel for the first informant as well as learned A.G.A. for the State opposed the prayer for bail.
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- Ashutosh 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 :- 17.7.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad