Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:129749 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24407 of 2025 Applicant :- Gulshan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Lavlesh Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Sri Lavlesh Kumar Sharma, Advocate appears for the applicant and submits that the accused/applicant has been falsely implicated in Case Crime No.127 of 2025, under Sections 310(4), 310(5), 305, 331(4), 109 of B.N.S. and Section 3/25 of Arms Act, Police Station Chirgaon, District Jhansi.
2. Learned counsel for the accused-applicant, contends that accused-applicant has been implicated by the police in the matter of the police encounter. Co-accused Irshad and Ravi Pal have already been granted bail by the coordinate Bench of this Court. Criminal history of three cases have been explained in paragraph 3 of the supplementary affidavit. It is further submitted that the arrest and recovery has not been made in the presence of independent witness. The applicant is languishing in jail since
23.05.2025. As such, he prays that the accused/applicant be enlarged on bail.
3. Learned A.G.A. has opposed the prayer for bail, but conceded that two co-accused persons have already been granted bail.
4. This Court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records.
5. The record, prima facie, reveals that the accused has been arrested in police encounter case in absence of any independent witness on the basis of tip off. Criminal history of three cases has been explained in paragraph 3 of the supplementary affidavit. The accused is not convicted. Two co-accused persons have already been granted bail. The applicant is in jail since May, 2025.
6. Hence, without touching the merit of the case, the bail application is allowed.
7. The accused/applicant- Gulshan Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned. Order Date :- 1.8.2025 Mini (Avnish Saxena,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad