Abhishek Kumar Yadav vs State of U.P.

Neutral Citation No. - 2025:AHC:55541

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4093 of 2025

Applicant :- Abhishek Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anup Kushwaha Counsel for Opposite Party :- G.A.

¶5

Hon'ble Chandra Dhari Singh,J.

¶6

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accusedapplicant, seeking enlargement on bail in Case Crime No. 995 of 2024, under Sections 191(2), 126(2), 115(2), 352, 109, 117(2), 324(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jhangaha, District Gorakhpur during the pendency of the trial before the court below.

¶7

Learned counsel appearing on behalf of the applicant has submitted that the applicant is languishing in jail since 09.01.2025. It is submitted that there are a cross case between the parties. The FIR No. 995 of 2024 was lodged against the applicant on 18.11.2024 and thereafter the present applicant has lodged the FIR No. 996 of 2024 on 19.11.2024 against the other parties i.e. the informant in the previous FIR.

¶8

Learned counsel appearing on behalf of the applicant has further submitted that the incident has taken place on sudden provocation and there was no intent to commit any offence as alleged. It is also submitted that from the applicant's side, only one person has sustained injuries.

¶9

Learned counsel for the applicant has submitted that the allegations which were alleged in the FIR is on the basis of fake and fabricated facts. The injuries sustained by the injured person are simple in nature as per the injury report and not dangerous to life. The injuries report of injured is appended as annexure 2 of the paper book. It is also next submitted that applicant has criminal history of one case which has duly been explained in para 22 of the paper book.

¶10

On the instructions, learned counsel for the applicant undertakes that the applicant shall abide by all terms and conditions imposed

¶11

by this Court while granting the bail. He has prayed for enlarging the bail of the applicant.

¶12

Learned AGA has vehemently opposed the prayer for bail and submitted that the injuries sustained by the injured are serious in nature but there are contradiction in the facts that all the injuries which were sustained by the injured are not threat of life. It is submitted that the investigation is going on and as per the instructions, charge-sheet has been filed.

¶13

Learned counsel appearing for the State has submitted that taking into consideration of the facts and the injury report of the injured, the applicant is not entitled for any leniency by this Court. The instant application is devoid of merits and is liable to be rejected.

¶14

Taking into consideration the fact that the applicant is languishing in jail since 09.01.2025 and he has criminal history of one case and the injuries sustained by the injured was not dangerous to life and the undertaking given by the applicant that he shall abide by all terms and conditions imposed by this Court while granting the bail, I am inclined to grant bail to the applicant. The bail application is allowed.

¶15

Let the accused-applicant, Abhishek Kumar Yadav who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- 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.

¶16

(i) The applicant shall not tamper with evidence.

¶17

(ii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶18

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

¶19

Order Date :- 16.4.2025

¶20

Pratima

¶21

Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad

Abhishek Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Abhishek Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Harish vs State of U.P.

Committee of Management Zaibunisha Trust and Another vs State of U.P. and Another

Committee of Management Sri Paniniya Gurukul vs State of U.P. and 3 Others

Mohd. Ashif vs State of U.P.

Mohd. Ashif vs State of U.P.

Ajay Rajpoot vs State of U.P.