Anukul Yadav Vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko.

Neutral Citation No. - 2025:AHC-LKO:754

Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13315 of 2024

Applicant :- Anukul Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. Counsel for Applicant :- Diwakar Prasad Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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

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Learned counsel for the applicant submits that role assigned to the present applicant is akin to the co-accused Adarsh Maurya alias Dhruv Maurya who has been granted bail by this Court vide order dated 3.12.2024 passed in criminal misc. bail application No. 11543 of 2024. He seeks parity. While granting bail to the co-accused Adarsh Maurya, this Court has examined the merit of the case. The applicant is languishing in jail since 4.12.2024.

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It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

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Learned A.G.A. opposed the prayer for bail but could not dispute the fact that the role of present applicant is similar to that of the co-accused, referred to above, who has been granted bail by this court.

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On due consideration to the fact that role assigned to the present applicant is similar to the co-accused referred to above and who has been granted bail, offences are triable by magistrate, coupled with the fact that the applicant is languishing in jail since 4.12.2024 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed on the ground of parity.

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Let the applicant Anukul Yadav, involved in Case Crime No. 228/2024, under Sections 309(6)/317(2)/61(2)(A) of BNS,

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Police Station - Nawabganj, District - Gonda. 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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(iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant 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.

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(vi) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 6.1.2025 kkb/

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Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench

Anukul Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko.

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Anukul Yadav v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home U.P. Lko.

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