Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:136086 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27632 of 2025 Applicant :- Arvind Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Yadvesh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Sri Yadvesh Yadav, learned counsel for the applicant and Sri Roopak Chauvey, learned AGA for the State.
2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 211 of 2024, under Section 7A Prevention of Corruption Act, 1988, Police Station Narhi, District Ballia during pendency of the trial.
3. Learned counsel for the applicant submits that FIR of the present case was lodged against the applicant and 22 others on the basis of false allegations.
4. He further submits that admittedly applicant was a private person and however, as per allegation applicant along with other private persons including Police Personnel used to extract money from the truck drivers but entire allegations levelled against the applicant are totally false.
5. He further submits that after considering entire facts in detail applicant in the present matter has already been released on bail by this Court for offences under Sections 111,309(4), 310(2) and 318 BNS and Section 7/13 Prevention of Corruption Act vide
order dated 4.8.2025 passed in Criminal Misc.Bail Application No. 38264 of 2024 but during investigation offence under Section 7A Prevention of Corruption Act has been added. 6. He next submits that as after considering entire facts in detail applicant has already been released on bail by this Court in the
present matter in principal offences, therefore, he should also be released on bail for offence under Section 7A Prevention of Corruption Act. 7. He further submits that however, apart from the present case applicant is having criminal history of one another case but that case relates to minor offence and applicant is in jail in the present matter since 25.7.2024, i.e., for the last more than a year. 8. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. Considering the argument advanced by the learned counsel for the applicant and the fact that in the present matter applicant has already been released on bail for offences under Sections 111, 309(4), 310(2) and 3/8 BNS and Section 7/13 Prevention of Corruption Act and he is in jail in the present matter since 25.7.2024, i.e., for the last more than a year and criminal history of solitary case has been explained in the instant bail application, in my view, applicant is entitled to be released on bail. 11. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant-Arvind 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 12.8.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad