Abhishek Yadav Vs State of U.P. Thru. Addl… — Murder and Culpable Homicide | Allahabad HC (2025)

Abhishek Yadav Vs State of U.P. Thru. Addl… — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of applicant-Abhishek Yadav on bail in Case Crime No. 339 of 2024 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to three conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial court unless appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant Abhishek Yadav should be enlarged on bail in Case Crime No. 339 of 2024, under Sections 103(1), 238A, 61(2)A of B.N.S., Police Station Inayat Nagar, District Ayodhya.

Court's answer

Having considered that the F.I.R. was lodged on the basis of mere apprehension, that despite custodial confessional statements no material came to light during investigation, that the applicant has no previous criminal history, that co-accused Manisha Yadav has already been enlarged on bail, and that the applicant is languishing in jail since 31.07.2024, the court held these facts sufficient to make out a case for enlargement of the applicant on bail.

Ratio / Principle

The bail application stands allowed; the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court unless exempted.

Detailed headnote1 paragraphs

Bail granted (Allahabad High Court, Lucknow Bench; Subhash Vidyarthi, J.; order dated 7.3.2025) to Abhishek Yadav in Case Crime No. 339 of 2024, under Sections 103(1), 238A, 61(2)A of B.N.S., Police Station Inayat Nagar, District Ayodhya. The F.I.R., lodged on 30.07.2024, was held to rest on the informant's mere apprehension, and although the police relied on custodial confessional statements attributing the gun-shot killing to co-accused Sachin, no material came to light during investigation. The applicant, arrested on 31.07.2024, had no criminal history, was said to have merely accompanied the accused persons, and parity existed with co-accused Manisha Yadav who had already been enlarged on bail by order dated 11.12.2024 in Criminal Misc. Bail Application No.12793 of 2024. Release ordered on a personal bond with two sureties each in the like amount, subject to conditions of non-tampering with evidence, non-pressurization of witnesses and attendance on every date fixed by the trial court.

Neutral Citation No. - 2025:AHC-LKO:14031

Court No. - 29

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10034 of 2024

Applicant :- Abhishek Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Sectt. Lko

Counsel for Applicant :- Syed Ahmad Mehdi,Narsingh Yadav,Pragati Tiwari,Prashant Dubey,Sadhana Yadav Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Prashant Dubey, learned counsel for the applicant, Sri Ashok Kumar Singh, learned A.G.A. for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No. 339 of 2024, under Sections 103 (1), 238A, 61(2)A of B.N.S., registered at Police Station Inayat Nagar, District Ayodhya.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.07.2024 against three named accused persons not including the applicant and their unnamed accomplices stating that the informant's son used to serve at Ayodhya and on 29.07.2024 he got an information from Police Station Inayat Nagar that his son had been killed by shooting him and his dead body had been thrown near Kisan Inter College. The informant stated that his son had expressed an apprehension of being killed by his wife and her family members due to some monitory transactions. The police claims to have arrested three persons including the applicant on the basis of an information received from a mukhbir and in their custodial confessional statements, they stated that the deceased had been killed by firing gun shot by the co-accused Sachin. the

applicant is said to have been accompanying the accused persons at the time of incident.

In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. It has also been submitted on behalf of the applicant that coaccused Manisha Yadav has already been enlarged on bail by this court by means of an order dated 11.12.2024, passed in Criminal Misc. Bail Application No.12793 of 2024.

The State has filed a counter affidavit. The learned A.G.A. has opposed the prayer for bail and he has submitted that a pistol has been recovered from the joint possession of the accused persons. The recovery memo states that the pistol has been recovered from co-accused Sachin.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. has been lodged on the basis of mere apprehension and despite custodial confessional statements there is no material came to light during investigation; that the applicant has no previous criminal history and co-accused Manisha Yadav has already been enlarged on bail by this court and the applicant is languishing in jail since 31.07.2024 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

Accordingly, this bail application stands allowed .

Let the applicant-Abhishek Yadav be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

(Subhash Vidyarthi, J.)

Order Date :- 7.3.2025 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench