Abhishek Singh @ Rishabh @ Rishu and 2 Others vs State of U.P. Thru. Prin. Secy. Home Lko.

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Neutral Citation No. - 2025:AHC-LKO:23056

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13027 of 2024

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Applicant :- Abhishek Singh @ Rishabh @ Rishu And 2 Others

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ajay Veer Singh,Abhinav Srivastava,Abhishek,Anubhav Awasthi,Manoj Kumar Mishra,Prashant Dubey,Sourabh Pandey,Utkarsh Misra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Manoj Kumar Mishra, Shri Ajay Veer Singh and Shri Utkarsh Mishra, learned counsels for the applicants, as well as Sri Alok Kumar Tiwari, learned Additional Government Advocate for the State, and perused the records.

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The instant application has been filed seeking release of the applicants on bail in Case Crime No.0180 of 2024, under Sections 147/148/149/302/201/34 and 120-B I.P.C. and Sections 3/25 and 5/27 Arms Act, registered at Police Station Tarun, District Ayodhya.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.06.2024 at 18:36 hours against seven persons, including applicant no. 1 (Abhishek Singh @ Rishabh @ Rishu), and not including applicant nos. 2 and 3 (Sandeep Goswami and Navneet Yadav), stating that the accused persons came to the informant's house at about 9.30 a.m. on 30.05.2024 and taken away his son- Shubham Yadav in their vehicle for partying. In the noon, the informant's son called one Praveen Yadav alias Prince by making a phone call and thereafter the accused persons killed his son in some grove. Praveen Yadav escaped from there, and he told the informant that the accused

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persons had shot at the informant's son and took him in their black scorpio vehicle. Next day, the informant acquired knowledge from social-media that dead-body of his son was found in the area of police station Tarun. The informant went to the police station Tarun and identified the dead-body in the mortuary. He got the postmortem examination conducted and performed last rites and thereafter lodged the FIR on 02.06.2024.

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In the statement of the informant recorded under Section 161 CrPC, he stated that co-accused- Molu Singh had taken his son along with his friends. His son had called Praveen Yadav also by making a phone call. Naveet Yadav and Abhishek took the informant's son to the place of Bishun Baba in district Ayodhya and they killed him by shooting with the assistance of Abhishek alias Rishabh, Banti alias Ranveer, Sandeep Goswami, Nitin Rana, Aditya Singh alias Vikki and Navneet Yadav.

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The informant claims to have acquired knowledge of the incident through Praveen Yadav.

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The investigating office recorded statement of Praveen Yadav also, who stated that while all of them were partying, an altercation took place between the deceased and Mohit Singh. During this, Abhishek Singh (applicant no. 1) took out his pistol. After sometime, Navneet Yadav (applicant no. 3) told Praveen Yadav that Shubham had stayed there and Abhishek Singh and Rohit Tiwari had taken him with them. He had told about the incident to the informant in the night of 30.05.2024 itself. He stated that he had not seen any person shooting the deceased.

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A supplementary affidavit dated 12.10.2024 had been filed on behalf of the applicants, disclosing involvement of applicant no.

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1 in three criminal cases, involvement of applicant no. 2 also in three criminal cases and involvement of applicant no. 3 in two criminal cases and it has been stated that the applicants have been enlarged on bail in those criminal cases.

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The State has filed its counter affidavit to oppose the bail application, annexing therewith copies of the material collected during investigation as well as copy of the charge-sheet.

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It has been submitted on behalf of the applicants that four coaccused persons, namely, Navneet Yadav, Ranveer Singh @ Banti Singh, Aditya Singh @ Vikki Singh and Nitin Rana @ Nitin Bharti have already been enlarged on bail by this Court by means of orders dated 09.02.2022, 06.12.2024, 20.11.2024 and 20.11.2024 passed in Criminal Misc. Bail Application Nos. 730 of 2021, 10085 of 2024, 9796 of 2024 and 11661 of 2024, copies of which have been placed on record along with the aforesaid supplementary affidavit.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant states to have received information of the incident in the night of 30.05.2024 itself, yet the FIR had been lodged on 02.06.2024; the informant received information of the incident from Praveen Yadav and Praveen Yadav has stated that he had not seen any person shooting on the deceased and that four co-accused persons, namely, Navneet Yadav, Ranveer Singh @ Banti Singh, Aditya Singh @ Vikki Singh and Nitin Rana @ Nitin Bharti have already been enlarged on bail, I am of the view that the applicants are also entitled to be released on bail.

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Accordingly, this bail application stands allowed .

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Let the applicants- Abhishek Singh @ Rishabh @ Rishu, Sandeep Goswami and Navneet Yadav be released on bail in

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the aforesaid case on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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

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(ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial court, unless their appearance is exempted by the learned trial court.

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[Subhash Vidyarthi, J.]

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Order Date :- 23.4.2025 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

Abhishek Singh @ Rishabh @ Rishu and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko.

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Abhishek Singh @ Rishabh @ Rishu and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko.

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