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Neutral Citation No. - 2025:AHC:75663 Reserved On:- 06.05.2025 Delivered On:- 09.05.2025 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32992 of 2024 Applicant :- Vikas Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Kumar Parikshit Counsel for Opposite Party :- G.A.,Vikas Chandra Srivastava Hon'ble Siddharth, J.
1. Heard Sri Kumar Parikshit, counsel for the applicant; Sri Vikas Chandra Srivastava, learned counsel for the informant; learned A.G.A for the State and perused the documents on record.
2. The instant bail application has been filed on behalf of the applicant, Vikas Yadav, with a prayer to release him on bail in Case Crime No. 58 of 2024, under Sections- 147, 148, 149, 307, 34, 302, 120-B IPC, Police Station- Madiyahun, District- Jaunpur.
3. There is allegation in the F.I.R that on 04.03.2024 at about 6-7 p.m applicant was going to his house with his cousin, Sanjay Singh. In the way they saw the applicant and other co-accused armed with axe, farsa, etc., incised weapons standing in the way. Co-accused, Mulayam Yadav, exhorted and the applicant and co-accused, Deepak, assaulted his cousin, Sanjay, by axe with intention to cause his death. He suffered grievous injuries and died on the spot. Thereafter, the applicant and co-accused, Deepak, Mulayam, Rohit and Brijesh, made attempt on the life of informant by causing injury on his head and he suffered serious injuries. Thereafter on raising alarm, his family members and other came and saved his life. He later came to know that incident has been caused because of enmity arising out of election dispute.
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Learned counsel for the applicant submits that it is a case of false implication of applicant. Co-accused, Sushil Yadav, Govind Yadav, Rohit Yadav, Brijesh Yadav and Mulayam, have been granted bail by the trial court. For the first time in the supplementary statement of the informant he informed that a gupti was used in causing the incident and its recovery was assigned to the applicant. He has submitted gupti was planted and false recovery was shown from the applicant.
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Learned counsel for the informant has submitted that the applicant has been named in the F.I.R and the statement of the injured witness and has been assigned definite role, in causing the offence of murder of the deceased and also the offence of attempt to murder against the injured witness. Bail application of co-accused, Deepak Yadav, who was assigned similar role has already been rejected by the coordinate Bench of this court vide Criminal Misc. Bail Application No. 28071 of 2024.
6. This Court after hearing the learned counsels for the parties does not finds any ground for enlarging the applicant on bail at this stage.
7. The bail application is accordingly, rejected.
8. The trial court is directed to conclude the trial against the applicant as expeditiously as possible as per Section 309 Cr.P.C. (new Section 346 B.N.S.S.).
Order Date :- 09.05.2025 Rohit Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad