Santosh Yadav vs State of U.P.

Neutral Citation No. - 2025:AHC:12934

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 394 of 2025

Applicant :- Santosh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anju Yadav,Jaysingh Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Jaysingh Yadav, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 402 of 2023, under Sections 398, 401, 414, 307 IPC and Section 3/25 Arms Act, Police Station Talbehat, District Lalitpur during pendency of the trial.

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Learned counsel for the applicant submits, however, as per allegation applicant and co-accused opened fire upon the police but admittedly none of the police personnel sustained any injury, however, as per allegation due to cross firing made by the police, applicant sustained firearm injury on his leg but entire allegations are totally false.

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He further submits, actually applicant is having criminal history of 12 cases, therefore, police is highly inimical with the applicant and actually police party forcibly took the applicant from some other place and thereafter, after causing firearm injury on his leg, implicated him in the present matter.

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He further submits, entire criminal history of the applicant has been explained in the instant bail application and in the present matter he is in jail since 08.11.2023 i.e. for last more than a year.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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However, it reflects that apart from the present case applicant is

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having criminal history of 12 other cases but as far as merit of the present case is concerned, however, as per allegation applicant and co-accused opened fire upon the police party but admittedly none police personnel sustained any injury.

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Further, entire criminal history of the applicant has been explained in the instant bail application and in the present matter he is in jail since 08.11.2023 i.e. for last more than a year.

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Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant - Santosh Yadav be released on bail in the aforesaid case on 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 appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.

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Order Date :- 24.1.2025 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Santosh Yadav v. State of U.P.

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