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2025 DAILYLAW 88558 (ALL)

VISHAL YADAV v. STATE OF U.P.

BAIL/30996/2025 · 2025-09-16

Krishan Pahal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 30996 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Anand Pati Tiwari, learned counsel for the applicant, Sri Raj Kumar Singh, learned counsel for the informant as well as Sri Sushil Kumar Shukla, learned State Law Officer for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 304 of 2025, under Sections 115(2), 352, 351(3), 109(1) B.N.S., Police Station- Rewati, District- Ballia, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about seven hours and there is no explanation of the said delay caused. 5. Learned counsel for the applicant has further stated that it is true that four persons have sustained injury but the FIR indicates that only three persons had sustained injury. Only one injury has been found to be grievous in nature and other injuries were simple in nature. The role of causing grievous injury has been assigned to accused person Sadhu Yadav and there are general and omnibus allegations against three accused persons in all except Sadhu Yadav. 6. It is further argued by learned counsel for the applicant that there is no Versus Counsel for Applicant(s) : Anand Pati Tiwari Counsel for Opposite Party(s) : G.A., Raj Kumar Singh Vishal Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) criminal antecedent of the applicant. The applicant is languishing in jail since 8.7.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 7. Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the fact that the role of causing grievous injury has been assigned to accused Sadhu Yadav and without expressing any opinion on the merits of the case, prima facie, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 9. Let the applicant- Vishal 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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 17, 2025 Vikas Verma BAIL No. 30996 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad