Akash Yadav @ Amit Yadav vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

Akash Yadav @ Amit Yadav vs State of U.P. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to applicant Akash Yadav @ Amit Yadav: release on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuing the release order, subject to conditions that he shall not tamper with prosecution evidence or intimidate/pressurise witnesses during investigation or trial, shall cooperate in the trial sincerely without seeking adjournments, and shall not indulge in any criminal activity or commission of any crime after release; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Akash Yadav @ Amit Yadav, implicated in Case Crime No. 636 of 2024 under Sections 318(4), 338, 336(3), 336(2), 340(2) and 61(2) BNS, P.S. Bahjoi, District Sambhal, should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, the nature of the offence, evidence and complicity of the accused, and without expressing any opinion on the merits, the Court held that the applicant had made out a case for bail.

Ratio / Principle

The applicant was ordered to be released on bail on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, subject to stated conditions, with the sureties to be verified before the release order is issued.

Key takeaways

Breach of any of the bail conditions shall constitute a ground for cancellation of bail.obiter¶16

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 67), Hon'ble Deepak Verma, J. — Order dated 17.3.2025 in Criminal Misc. Bail Application No. 2548 of 2025: bail ALLOWED. Applicant Akash Yadav @ Amit Yadav, accused in Case Crime No. 636 of 2024 under Sections 318(4), 338, 336(3), 336(2), 340(2) and 61(2) BNS, P.S. Bahjoi, District Sambhal, in custody since 01.12.2024. Counsel argued the applicant was falsely implicated, that a civil dispute had been given the colour of criminality, that the criminal history was explained in para-3 of the supplementary affidavit, and that the trial had no prospect of early conclusion; the learned AGA opposed but did not dispute these facts. Without expressing any opinion on the merits, and considering the nature of the offence, evidence and complicity of the accused, the Court found the applicant had made out a case for bail and directed release on a personal bond with two like sureties, subject to conditions (no tampering with evidence/intimidation of witnesses, sincere cooperation in trial without adjournment-seeking, and abstention from criminal activity after release), breach of any condition being a ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:37622

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2548 of 2025

Applicant :- Akash Yadav @ Amit Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.636 of 2024, under Sections 318 (4), 338, 336(3), 336(2), 340(2), 61(2) BNS, P.S. Bahjoi, District Sambhal, during pendency of the trial.

Learned counsel for the applicant submitted that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The allegation alleged in the F.I.R. is false and baseless. It is a civil nature dispute which has been given colour of criminality. The applicant has no concern with the alleged incident. The applicant has criminal history which has been explained in para-3 of the supplementary affidavit. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 01.12.2024 and in case, he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

On the other hand, learned AGA vehemently opposed the prayer for bail but could not dispute the aforesaid facts.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Akash Yadav @ Amit Yadav 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(ii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

Order Date :- 17.3.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad