Achal Yadav Vs State of U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28483 of 2025

Achal Yadav

		.....Applicant(s)
Versus
State of U.P.		.....Opposite Party(s)
Counsel for Applicant(s) :	Sanjay	Kumar Shukla
Counsel for Opposite Party(s) :	G.A.

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Court No. - 69

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HON'BLE ARUN KUMAR SINGH DESHWAL, J.

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Supplementary affidavit filed by learned counsel for the applicant in Court today is taken on record.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.135 of 2016 and Sessions Trial No.900 of 2016, under Section- 307 IPC, Police Station- Visharatganj, District- Bareilly, during the pendency of the trial.

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Contention of learned counsel for the applicant is that it is a case of firing on police party in which no one has sustained injury. It is further submitted that the applicant was released on bail on 25.11.2017, thereafter, he appeared during trial but subsequent to 05.10.2023, applicant could not appear before court below, therefore, his bail was cancelled and the applicant was arrested. It is further submitted that the applicant has explained criminal history of 9 cases in supplementary affidavit dated 23.09.2025. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 18.04.2025. In case, he is granted

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BAIL No. 28483 of 2025

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bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

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Learned A.G.A. has opposed the prayer for bail on the ground that applicant has criminal history of 9 cases but could not dispute the aforesaid facts.

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Considering the fact that applicant was earlier enlarged on bail on 25.11.2017 and he continued to participate in the trial but subsequent to 05.10.2023, he could not appear before court below, 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, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Achal Yadav, involved in the aforementioned crime 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:-

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i. 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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ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment.

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

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iv. The applicant shall attend in accordance with the conditions of the bond executed by him.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Considering the fact that 7 cases shown against the applicant are of year 2016, District Judge, Bareilly is directed to expedite

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BAIL No. 28483 of 2025

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the trial of these cases, if possible, after clubbing all the cases.

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It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days.

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It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.

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October 16, 2025 R.S. Tiwari

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(Arun Kumar Singh Deshwal,J.)

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Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad

Achal Yadav v. State of U.P.

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Achal Yadav v. State of U.P.

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