Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:145909 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29105 of 2025 Applicant :- Akhilesh Alias Bauwa Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Harsh Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
2. Learned counsel for the applicant submits that the applicant is not named in the F.I.R., and his name surfaced in the confessional statement of the co-accused Amir Khan. Learned counsel further submits that Rs. 4200/- and a country made pistol of 315 bore is alleged to have been recovered from the possession of the applicant. Learned counsel further argued that no such recovery as alleged has been made either on the pointing or from the possession of the applicant. In fact, the applicant was lifted from his house and thereafter the applicant has been falsely implicated in the present case due to ulterior motive. Several other
submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 13.05.2025.
3. Learned AGA has vehemently opposed the bail application and submits that in case the applicant is released on bail he will misuse the liberty of bail.
4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
5. Let the applicant Akhilesh @ Bauwa Yadav, be released on bail in Case Crime No.98 of 2025 under Sections 309(6), 317(3) B.N.S. Police Station Girwan, District Banda, on executing a personal bond and furnishing two local sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions: i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing
facts to the Court or to any police officer or tamper with the evidence.
6. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.
Order Date :- 23.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad