Anarjeet Yadav Vs State of U.P. Thru. Principal Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

Anarjeet Yadav Vs State of U.P. Thru. Principal Secy. Home Lko. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Anarjeet Yadav ordered to be released on bail in Case Crime No. 27 of 2025 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) he shall not tamper with the prosecution evidence; (ii) he shall not pressurize the prosecution witnesses; (iii) he shall appear on each and every date fixed by the trial Court.

Issue for consideration

Whether the applicant Anarjeet Yadav, though not named in the F.I.R. but implicated in the statement of the informant's son, is entitled to be released on bail in Case Crime No. 27 of 2025 (Sections 109, 352, 351(3), 324(5) BNS 2023, P.S. Chanda, District Sultanpur). +1 more

Court's answer

The bail application is allowed; the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to the conditions that he shall not tamper with prosecution evidence, shall not pressurise prosecution witnesses, and shall appear on each and every date fixed by the trial Court.

Ratio / Principle

The applicant is entitled to be released on bail on the ground of parity, the learned A.G.A. having not disputed that the allegation of firing is not assigned to the applicant and that the role assigned to him is similar to that of the co-accused who have already been granted bail.

Key takeaways

Observation: the burn injury suffered by the other injured person is not related to any allegation levelled in the statement of the injured person.obiter¶6

Detailed headnote1 paragraphs

Bail granted on parity — High Court of Judicature at Allahabad (Lucknow Bench), Subhash Vidyarthi, J., by order dated 20.8.2025 allowed Criminal Misc. Bail Application No. 2495 of 2025 moved by Anarjeet Yadav for release in Case Crime No. 27 of 2025 (Sections 109, 352, 351(3), 324(5) of BNS 2023, Police Station Chanda, District Sultanpur). The applicant was not named in the F.I.R. lodged on 23.01.2025 but was implicated in the statement of the informant's son, wherein the role of firing was assigned to co-accused Vinod. The learned A.G.A. opposed the bail application but could not dispute that the allegation of firing was not assigned to the applicant and that his role was similar to that of co-accused Vijay Bahadur Yadav and Pawan Yadav, already enlarged on bail by orders dated 10.06.2025 and 16.06.2025 passed by the Co-ordinate Bench in Criminal Misc. Bail Application Nos. 3550 of 2025 and 4220 of 2025. Holding the applicant entitled to release on the ground of parity, the Court directed release on a personal bond with two sureties each in the like amount, conditioned on non-tampering with evidence, non-pressurising of witnesses and attendance on all trial dates. The Court further observed that the burn injury (10*10 cm, right leg) on the other injured person (referred to as Vivek Pandey and as Vivek Yadav in the judgment) bore no relation to any allegation made in the injured person's statement.

Neutral Citation No. - 2025:AHC-LKO:49154

Court No. - 13

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2495 of 2025

Applicant :- Anarjeet Yadav Opposite Party :- State Of U.P. Thru. Principal Secy. Home Lko. Counsel for Applicant :- Mukesh Kumar Tewari,Shailesh Kumar Srivastava,Sushil Kumar Yadav Counsel for Opposite Party :- G.A.,Ramakar Shukla

Hon'ble Subhash Vidyarthi,J.

Heard Shri Shailesh Kumar Srivastava, learned counsel for the applicant, Shri Manish Kumar Pandey, learned A.G.A. for the State and perused the record.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.27 of 2025, under Sections 109, 352, 351(3), 324(5) of BNS of 2023, registered at Police Station - Chanda, District - Sultanpur.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.01.2025 against four named persons, not including the applicant, and some unknown persons stating that accused persons had abused and shot at the informant's son. Another person Vivek Pandey got also seriously injured by beating and were sent for medical examination.

Although the applicant was not named in the F.I.R., in the statement of informant's son, it has been stated that the applicant and other persons had assaulted him. In his statement, the injured assigned the role of firing to co-accused Vinod.

The informant's son has received a fire arm injury on his back, lacerated wound on first finger and an abrasion over right foot. The other injured person Vivek Yadav has suffered a burn

of size 10*10 cm over mid part of right leg, a lacerated wound over left forearm and an abrasion over right knee.

The burn injury is not related to any allegation levelled in the statement of injured person.

In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and he has no criminal history.

The co-accused Vijay Bahadur Yadav and Pawan Yadav have already been granted bail by means of orders dated 10.06.2025 and 16.06.2025 by the Co-ordinate Bench of this Court in CRIMINAL MISC. BAIL APPLICATION Nos. - 3550 of 2025 and 4220 of 2025.

Learned A.G.A. has opposed the bail application but he could not dispute the fact that the allegations of firing is not assigned to the applicant and the role assigned to the applicant is similar to the role assigned to the co-accused who have already been granted bail.

Having considered the aforesaid facts and circumstances of the case and keeping in view the fact, I am of the view that the applicant is also entitled to be released on the ground of parity.

Accordingly, this bail application stands allowed .

Let the applicant - Anarjeet Yadav be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

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

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court.

Order Date :- 20.8.2025 S. Shivhare

Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench