Yashpal vs State of U.P.

Neutral Citation No. - 2025:AHC:48607

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11011 of 2025

Applicant :- Yashpal Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Tripathi,Ramanuj Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Supplementary affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Ashwani Tripathi, learned counsel for the applicant and Sri Imran Khan, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 128 of 2025, under Sections 5/25(8), 3/25 Arms Act and Section 111(3) B.N.S., Police Station Lohiyanagar, District Meerut during pendency of the trial.

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Learned counsel for the applicant submits, applicant was not named in the FIR but during investigation as per allegation when he was arrested along with named co-accused Raj Kumar then from his possession country made pistol was recovered but entire recovery is false and planted one.

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He further submits, however, applicant is also challaned for offence under Section 111 B.N.S. but there is no cogent evidence against him on record with regard to organized crime.

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He further submits, applicant is not having any criminal history and in the present matter he is in jail since 07.03.2025.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, as per allegation from the possession of applicant one illegal country made pistol was recovered and he has also been

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challaned for offence under Section 111 B.N.S. i.e. organized crime but considering the entire material available on record, the argument advanced by learned counsel for the applicant that there is no cogent evidence of organized crime against the applicant, cannot be ruled out.

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Further, applicant is not having any criminal history and in the present matter he is in jail since 07.03.2025.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Yashpal 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 the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 5.4.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Yashpal v. State of U.P.

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Yashpal v. State of U.P.

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