Allowed

Vivek Kumar Yadav v. State of U.P.

Allahabad HC21 Apr 2025BAIL/4095/2025

Case brief

AI extract

What is this about?

Regular bail application under BNS provisions for a Jaunpur case crime. Applicant was not named in the FIR but implicated during investigation; a similarly placed co-accused had been released on bail. Court noted parity, absence of criminal history and over five months' custody and allowed bail on conditions.

What did the court decide?

Applicant to be released on bail on furnishing personal bond and two sureties each in like amount, subject to stated conditions.

Vivek Kumar Yadav vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:58935

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4095 of 2025

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Applicant :- Vivek Kumar Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Surya Bhan Singh Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Surya Bhan Singh, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 277 of 2024, under Sections 115(2), 140(1), 191(2), 103(1), 238(A), 3(5) BNS, Police StationBarsathi District- Jaunpur, during pendency of the trial in the court below.

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Learned counsel for the applicant submitted that applicant was not named in the FIR but during investigation, he has been made accused in the present matter along with others including coaccused Sarvajeet Yadav @ Sanjay Yadav through the application moved by the informant and after considering entire facts of the case in detail, co-accused Sarvajeet Yadav @ Sanjay Yadav has been released on bail by this Court vide order dated 21.01.2025 passed in Criminal Misc. Bail Application No. 792 of 2025 and on facts, case of applicant is at par with him.

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He further submitted that applicant is not having any criminal history and he is in jail in the present matter since 11.12.2024 i.e. for last more than five months.

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Per contra, learned AGA however, 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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Considering the argument advanced by learned counsel for the applicant and the fact that similarly placed co-accused Sarvajeet Yadav @ Sanjay Yadav has been released on bail by this Court and applicant is not having any criminal history and he is in jail in the present matter since 11.12.2024 i.e. for last more than five months, 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- Vivek Kumar 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 :- 21.4.2025 KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Vivek Kumar Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Vivek Kumar Yadav v. State of U.P.

Case brief

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What did the court decide?

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