Akash Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Akash Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Akash Yadav ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to the conditions set out in the order.

Issue for consideration

Whether the applicant, Akash Yadav, implicated in Case Crime No. 153 of 2024 under sections 379, 413 IPC (P.S. Khargupur, District Gonda), is entitled to be released on bail during the trial.

Court's answer

Having considered the submissions of both sides, the nature of accusation, severity of punishment, nature of supporting evidence, prima facie satisfaction in support of the charge, the reformative theory of punishment and the larger mandate of Article 21 of the Constitution, and without expressing any view on the merits, the court found the case fit for grant of bail.

Ratio / Principle

The applicant was directed to be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned.

Key takeaways

Bail was granted subject to conditions: the applicant shall not tamper with prosecution evidence or intimidate/pressurize witnesses; he shall file an undertaking not to seek adjournments when witnesses are present and remain present before the trial court personally or through counsel; he shall attend in person at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; upon misuse of bail and failure to appear after proclamation under Section 82 Cr.P.C., proceedings may be initiated under Section 174-A IPC; identity, status and residential proof of sureties to be verified; and on breach of any condition the court below may cancel the bail and send the applicant to prison.ratio¶19
The observations made in the order are strictly confined to the disposal of the bail application and must not be construed as having any reflection on the merits of the case.obiter¶20

Detailed headnote1 paragraphs

Bail granted — Criminal Misc. Bail Application No. 1002 of 2025 (Neutral Citation 2025:AHC-LKO:7105): Applicant Akash Yadav, in custody since 09-10-2024 in Case Crime No. 153 of 2024 under sections 379, 413 IPC, Police Station Khargupur, District Gonda, contended he was innocent, not named in the FIR (his name surfacing only through co-accuseds' confessional statements), that no recovery was made from or connected to him, and that his four-case criminal history stood explained in a Supplementary Affidavit. The State opposed relief. Finding the applicant's custody period and explained criminal history relevant, and weighing the nature of accusation, severity of punishment, supporting evidence, prima facie satisfaction, reformative theory and Article 21, without expressing any view on merits, the court held it a fit case for bail and released the applicant on a personal bond with two sureties each in the like amount, imposing conditions covering non-tampering with evidence/witnesses, an undertaking against adjournments, personal presence at case-opening, charge-framing and Section 313 Cr.P.C. recording, verification of sureties, and liability under Section 174-A IPC following a Section 82 Cr.P.C. proclamation upon misuse, with liberty to the court below to cancel bail on breach. Observations were expressly confined to the disposal of the bail application.

Neutral Citation No. - 2025:AHC-LKO:7105

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1002 of 2025

Applicant :- Akash Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Shree Prakash Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 153 of 2024, under sections 379, 413 of the I.P.C.,Police Station-Khargupur, District -Gonda.

Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He added that the applicant is not named in the first information report and his name came into light only on the confessional statement of the co-accused persons. He next added that the police has failed promptly to connect the present applicant with the offence as no recovery is made from him and the articles recovered,could not be connected with the applicant. He submits that the applicant has four cases criminal history, which has been explained and he is languishing in jail since 09-10-2024. Further submitted that the applicant undertakes that in case, he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief.

Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 09-10-2024; four cases criminal history has

been explained in the Supplementary Affidavit coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.

Considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail.

Let the applicant- Akash Yadav , involved in the aforementioned 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, with the following conditions:-

(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court

shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.

Order Date :- 4.2.2025 AKS

Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench