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Neutral Citation No. - 2025:AHC:52011 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1812 of 2025 Applicant :- Roki Yadav Alias Rishi Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Bhavesh Singh Jadaun,Satya Dheer Singh Jadaun Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 252 of 2024, under Sections 190, 191 (2), 191 (3), and 109 of the Bharatiya Nyaya Sanhita, 2023, Police Station Achhalda, District- Auraiya.
Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 27.11.2024.
Learned counsel for the applicant submits that the First Information Report was lodged against three named and some unknown persons. The name of the applicant has been surfaced in the statement given by the injured, after two days of incident, in which also general role has been assigned to the applicant. The role of giving fire arm shot has been assigned to one Rajnesh Yadav. It is further submitted that on the similar footing the co- accused Anshul Yadav has been granted bail by this Court vide
order dated 05.04.2025 passed in Criminal Misc. Bail Application No. 9469 of 2025, therefore, applicant is also entitled to be released on bail. In this case charge sheet has been filed on
18.01.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid submissions made by learned counsel for the applicant.
Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Roki Yadav Alias Rishi Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 9.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad