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2025 DAILYLAW 74124 (ALL)

ISHU YADAV @ HIMANSHU YADAV v. STATE OF U.P.

BAIL/24241/2025 · 2025-09-09

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24241 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Bijay Singh Sachan, learned counsel for the applicant, Shri Arimardan Yadav, learned AGA for the State and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ishu Yadav @ Himanshu Yadav, seeking enlargement on bail in Case Crime No. 0887 of 2024 , under Sections 103 of the Bharatiya Nyaya Sanhita, 2023, Police Station Chakeri, District Kanpur Nagar (Commissionerate). 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 31.12.2024. Learned counsel for the applicant submits that incident happened accidentally. The applicant has not caused injuries to the deceased deliberately even he has no intention behind the occurrence. Charge sheet in this case has already been filed on 19.2.2025 and cognizance has been taken by the Trial Court on 19.3.2025. Till date, even a single witnesses have not been examined by the Trial Court. 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. Learned AGA has vehemently opposed the prayer for bail. 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 Versus Counsel for Applicant(s) : Bijay Singh Sachan Counsel for Opposite Party(s) : G.A. Ishu Yadav @ Himanshu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Ishu Yadav @ Himanshu 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. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. September 10, 2025 Ravi Prakash BAIL No. 24241 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad