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2026 DAILYLAW 14549 (ALL)

PUSHPRAJ YADAV @ SHYAM YADAV v. STATE OF U.P.

BAIL/34880/2026 · 2026-10-05

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34880 of 2026 Court No. - 50 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and Shri Shashank Singh, brief holder for the State and perused the entire material available on record. The applicant- Pushpraj Yadav @ Shyam Yadav, has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 101 of 2025, under Sections 29 of the NDPS Act, Police Station- Ghorawal, District-Sonbhadra, during the pendency of the trial. Learned counsel for the applicant submits that the applicant has already been granted bail by this Court in Criminal Misc. Bail Application No. 14686 of 2026 vide order dated 27.05.2026 in the same Case Crime Number, in other sections except Section 29 of NDPS Act, which has been added during the course of investigation and as such he has filed the present bail application. In support of this bail application, learned counsel for the applicant has reiterated the entire submissions made in the Criminal Misc. Bail Application No. 14686 of 2026, which are not necessary to mention herein again by this Court. Apart from the above, learned counsel for the applicant submits that the applicant is languishing in jail since last more than 15 months. He further submits that the co-accused Aftab has already been enlarged on bail by this Court, in Criminal Misc. Bail Application No. 22709 of 2025 vide order dated 27.11.2025. Criminal history of ten cases has been properly Versus Counsel for Applicant(s) : Hariom Awasthi, Prateek Srivastava Counsel for Opposite Party(s) : G.A. Pushpraj Yadav @ Shyam Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) explained. Learned counsel for the applicant further submits that there is no possibility of conclusion of trial in near future. He, therefore, submits that on the above grounds, the applicant is liable to be enlarged on bail. Learned AGA has vehemently opposed, but could not dispute the aforesaid facts. Considering all those 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, Pushpraj Yadav @ Shyam 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. October 6, 2026 Deepak/ BAIL No. 34880 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad