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2025 DAILYLAW 89211 (ALL)

SHIVRAJ SINGH YADAV ALIAS SURAJ v. STATE OF U.P.

BAIL/29333/2025 · 2025-10-07

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 29333 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri S.S.Pandey, learned AGA for the State-respondent. 2. The present bail application under Section 483 BNSS has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 115 of 2025, under Sections 342, 365, 328, 304 IPC, Police Station Gajner, District Kanpur Dehat during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The deceased is the elder brother of the informant and was living with the applicant since 23.09.2018. He left the house of the applicant voluntarily on 17.04.2025 and subsequently he died on 02.05.2025. As per the postmortem report, no external injury was seen during examination. In the opinion of the doctor, the cause of death was due to shock and septicemia. It is contended that the applicant has no role in the alleged incident. Investigation has been completed. Charge sheet has been submitted. The applicant is in jail since 05.05.2025 having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty. 4. Learned AGA opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that as per the postmortem report, no external injury was seen; in the opinion of the doctor, the cause of death was due to shock Versus Counsel for Applicant(s) : Jay Prakash Gupta, Sunil Kumar Singh Counsel for Opposite Party(s) : G.A. Shivraj Singh Yadav Alias Suraj .....Applicant(s) State of U.P. .....Opposite Party(s) and septicemia. Further, the applicant has remained confined for more than five months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. 6. Let the applicant Shivraj Singh Yadav Alias Suraj, involved in the aforesaid case 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 the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; and, (iii) shall not pressurize the prosecution witnesses. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. October 8, 2025 Lbm/- BAIL No. 29333 of 2025 2 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad