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Amit Kumar Yadav Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

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Allahabad HC
2025
Amit Kumar Yadav Vs State of U.P.Amit Kumar Yadav v. State of U.P.

Allowed¶11

Amit Kumar Yadav v. State of U.P.

Allahabad HC17 Jul 2025BAIL/20301/2025

Case brief

AI extract

What is this about?

Bail granted by High Court of Judicature at Allahabad (Court No. 87) on 18.7.2025 in CRIMINAL MISC. BAIL APPLICATION No. 20301 of 2025 (Neutral Citation 2025:AHC:117185). Applicant: Amit Kumar Yadav (counsel Brij Lal Shukla); Opposite Party: State of U.P. (counsel G.A./learned AGA). Offences: Sections 319(2), 318(4), 336(3), 339, 340(2) B.N.S. and Section 3/25 Arms Act; Case Crime No. 103 of 2025, Police Station Nagara, District Ballia. Facts: FIR lodged by police; arrest and recovery of countrymade pistol, Aadhar Card, Pan Card in absence of independent witnesses; disclosure statement alleging preparation of police personnel identity cards for misuse; charge sheet submitted; custody since April, 2025; alleged criminal history of two cases with bail in one, accused termed habitual offender. Grounds relied upon: arrest/recovery without independent witness, charge-sheet stage, continued custody. Result: bail allowed without touching merits; release on personal bond and two sureties of like amount.

What did the court decide?

Enlargement of the accused-applicant on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. ¶11

Why is it important?

On perusal of the record, prima facie the charge sheet has been submitted, the FIR was lodged by the police, the arrest and recovery were made in absence of independent witness, and the accused-applicant is languishing in jail since April, 2025; therefore, without touching the merit of the case, the bail application is allowed. ¶10

What the court decided

AI extract

Outcome

Enlargement of the accused-applicant on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Issue for consideration

Whether the bail application of applicant-accused Amit Kumar Yadav, charged under Sections 319(2), 318(4), 336(3), 339, 340(2) B.N.S. and Section 3/25 Arms Act in Case Crime No. 103 of 2025, Police Station Nagara, District Ballia, should be granted.

Ratio / Principle

On perusal of the record, prima facie the charge sheet has been submitted, the FIR was lodged by the police, the arrest and recovery were made in absence of independent witness, and the accused-applicant is languishing in jail since April, 2025; therefore, without touching the merit of the case, the bail application is allowed.

Key takeaways

The accused applicant shall be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Avnish Saxena, J.), CRIMINAL MISC. BAIL APPLICATION No. 20301 of 2025, decided 18.7.2025 (Neutral Citation 2025:AHC:117185) - Bail ALLOWED. Applicant-accused Amit Kumar Yadav, booked under Sections 319(2), 318(4), 336(3), 339, 340(2) B.N.S. and Section 3/25 Arms Act in Case Crime No. 103 of 2025, Police Station Nagara, District Ballia, in custody since April, 2025; charge sheet submitted; arrest and recovery of countrymade pistol, Aadhar Card and Pan Card made without independent witnesses; disclosure statement alleging preparation of police identity cards for misuse; criminal history of two cases noted (bail in one). Bail allowed without touching the merits, directing release on furnishing a personal bond and two sureties each in the like amount.

A

Neutral Citation No. - 2025:AHC:117185

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20301 of 2025

Applicant :- Amit Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla Counsel for Opposite Party :- G.A.

Hon'ble Avnish Saxena,J.

The present bail application has been moved by the applicantaccused Amit Kumar Yadav for the offence punishable under Sections 319(2), 318(4), 336(3), 339, 340(2) B.N.S. and Section 3/25 Arms Act in Case Crime No. 103 of 2025, Police StationNagara, District Ballia.

Mr. Brij Lal Shukla, learned advocate, appears on behalf of applicant and submits that accused-applicant has been falsely implicated by the police on the basis of tip off. The arrest and recovery of countrymade pistol. Aadhar Card, Pan Card have been confiscated in absence of independent witnesses. It is mentioned in the disclosure statement that accused-applicant has prepared the Identity Card of police personnel to misuse the same. The charge sheet has been submitted in the matter. The accused-applicant is in jail since April, 2025.

Per contra , learned AGA has opposed the prayer for bail and submits that the accused-applicant is having a criminal history of two cases. Both the cases have been explained out of which only in one case he is on bail. The accused-applicant is habitual offender. Charge sheet has been submitted.

Taken into consideration the rival submissions made by the parties and perused the record.

The perusal of the record prima facie reveals that the charge sheet has been submitted in the matter against the accusedapplicant. The FIR has been lodged by the police. The arrest and recovery has been made in absence of independent witness. The accused-applicant is languishing in jail since April, 2025. Without touching the merit of the case, this bail application is allowed .

Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 18.7.2025 Abhishek Sri.

(Avnish Saxena,J.)

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the bail application of applicant-accused Amit Kumar Yadav, charged under Sections 319(2), 318(4), 336(3), 339, 340(2) B.N.S. and Section 3/25 Arms Act in Case Crime No. 103 of 2025, Police Station Nagara, District Ballia, should be granted.¶6

Statutes considered

2 provisions across 2 enactments

AI extract

B.N.S.319(2), 318(4), 336(3), 339, 340(2)¶6
Arms Act3, 25¶6

Procedural history

How this case reached the court

AI extract

Prior proceeding
FIR registered as Case Crime No. 103 of 2025 at Police Station Nagara, District Ballia; FIR lodged by the police.¶6
Prior proceeding
Arrest of applicant and recovery/confiscation of countrymade pistol, Aadhar Card and Pan Card effected in absence of independent witnesses (as submitted by counsel for applicant).¶7
Prior proceeding
Disclosure statement records that the accused-applicant had prepared identity cards of police personnel for misuse.¶7
Prior proceeding
Charge sheet submitted in the matter.¶7
Prior proceeding
Accused-applicant in judicial custody since April, 2025.¶7
Prior proceeding
As submitted by learned AGA: accused-applicant has a criminal history of two cases, explained, with bail in only one; described as a habitual offender.¶8

Parties & counsel

AI extract

applicant
Amit Kumar Yadav¶6
Brij Lal Shukla
respondent
State of U.P.¶4
G.A.

Coram

AI extract

Avnish Saxenaauthor¶13

Case details

As recorded by the court registry

Court: Allahabad HC
Decided on: 17 Jul 2025 · July
Registered: 6 Jun 2025
Case no.: BAIL/20301/2025
CNR: UPHC012915272025
Case type: CRIMINAL MISC. BAIL APPLICATION

All orders in this case

2 orders share this CNR

17 Jul 2025Order 1 — this page
18 Jul 2025Order 2 · Avnish Saxena

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Cite this judgement

Amit Kumar Yadav v. State of U.P., BAIL/20301/2025 (ALL), decided on 17 July 2025.

The Allahabad High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

B.N.S.319(2), 318(4), 336(3), 339, 340(2)
Arms Act3, 25

View all statutes

Procedural history6

FIR registered as Case Crime No. 103 of 2025 at Police Station Nagara, District Ballia; FIR lodged by the police.
Arrest of applicant and recovery/confiscation of countrymade pistol, Aadhar Card and Pan Card effected in absence of independent witnesses (as submitted by counsel for applicant).

View full history

Bench / Coram

Avnish Saxena

Parties & counsel