Aman Yadav Alias Mohit Vs State of U.P.

Neutral Citation No. - 2025:AHC:86969

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16569 of 2025

Applicant :- Aman Yadav Alias Mohit Opposite Party :- State of U.P. Counsel for Applicant :- Ram Om Vikram Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Chandra Dhari Singh,J.

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Instant application filed under Section 483 of B.N.S.S seeking bail in Case Crime No. 252 of 2024, under Sections 190, 191 (2), 191 (3), 109 of B.N.S., Police Station Achhalda, District Auraiya.

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Learned counsel appearing for the applicant submitted that applicant is innocent and he has not committed any offence as alleged in the first information report. He has been falsely implicated in the instant case due to ulterior motive. Applicant was not named in the first information report. His name was disclosed in the statement of injured and informant. Learned counsel further submitted that no role of firing has been assigned to the applicant. The co-accused persons who were named in the F.I.R., have already been enlarged on bail by the co-ordinate Bench of this Court. Copies of the bail orders are appended as Annexure No.9 to the bail application. It is further submitted that after completion of investigation, charge sheet has been filed on 16.04.2025. It is further submitted that applicant has no previous criminal antecedents and he is languishing in jail since 04.04.2025. Learned counsel appearing on behalf of applicant also undertaken that he will abide by all terms and conditions as imposed by this Court while granting bail.

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Per contra, learned A.G.A. appearing on behalf of State vehemently opposed the instant bail application but he has not contradicted the facts as stated above by learned counsel for the applicant.

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Heard Sri Ram Om Vikram Singh Chauhan,learned counsel for the applicant as well as Sri Yogendra Singh, learned A.G.A. appearing on behalf of the State in advance notice and perused the contents made in the first information report as well as material placed on record.

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It is admitted fact that applicant is a man of clean antecedents. The other co-accused who are named in the first information report, have already been enlarged on bail. No role of firing has been assigned to the applicant. The injury sustained by the injured is not grievous in nature. After completion of investigation, charge sheet has already been filed. It is also undertaken on behalf of applicant that he will abide by all terms and conditions as imposed by this Court while granting bail. No material brought on record by the learned A.G.A. that if the applicant is released on bail, he will not cooperate in trial and may influence the witnesses.

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Taking into consideration the nature of offence, role assigned to the applicant and other reasons as stated above, without expressing any opinion on the merits of the case, I am inclined to allow the bail application. Accordingly, the bail application is allowed .

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Let the applicant- Aman Yadav Alias Mohit, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs.50,000/- and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence.

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(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 22.5.2025 AKT

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(Chandra Dhari Singh, J.)

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Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad

Aman Yadav Alias Mohit v. State of U.P.

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