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2025 DAILYLAW 87166 (ALL)

DHEERAJ YADAV v. STATE OF U.P.

BAIL/28361/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28361 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Abhishek Giri, learned counsel for the applicant, Sri Amit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 359 of 2025, under Sections 309(4), 317(2) B.N.S. and Section 3/25 Arms Act, Police Station- Barhalganj, District-Gorakhpur, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case on the basis of information received from the squealer. Applicant has nothing to do with the said offence. A recovery of country made pistol has been foisted on him. Criminal history of two cases assigned to the applicant stands explained. The applicant is languishing in jail since 09.06.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 5. Learned A.G.A. has vehemently opposed the bail application. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Versus Counsel for Applicant(s) : Abhishek Giri, Brajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Dheeraj Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Let the applicant- Dheeraj Yadav, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 10, 2025 Karan BAIL No. 28361 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad