Deepak Yadav Alias Sarkar vs State of U.P.

Neutral Citation No. - 2025:AHC:48328

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6553 of 2025

Applicant :- Deepak Yadav Alias Sarkar Opposite Party :- State of U.P. Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Ali Hasan, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Deepak Yadav @ Sarkar , seeking enlargement on bail during trial in connection with Case Crime No. 277 of 2024, under Sections 115(2), 140(1), 191(2), 103(1), 238(Ka), 3(5) B.N.S., Police Station Barsathi, District Jaunpur.

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The first information report of the present matter was lodged on 07.10.2024 by Shankar Yadav against Lavkush Yadav, Raju Yadav and some unknown persons regarding abduction of his son Vivek Yadav while he was standing at a shop. The first information report was lodged under Sections 115(2), 140(1) B.N.S. Subsequently the dead body of the deceased was found by the informant in the mortuary and then the case was converted to the above sections.

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Learned counsel for the applicant submitted that the applicant is not named in the first information report. It is submitted that subsequently the first informant gave an application to the police which is recorded in GD dated 13.10.2024 in which he names 12 persons including the applicant as accused. It is submitted that thus naming of the applicant has surfaced in the present matter after about 08 days in a subsequent application given by the first informant. It is submitted that there is no credible evidence against the applicant. It is further submitted that charge-sheet in the matter has been submitted and as such the investigation has concluded and there are no chances of the applicant tampering with evidence. It is submitted that there is no recovery of any incriminating material from the possession or pointing out of the applicant. It is submitted that co-accused Sarvjeet Yadav @ Sanjay Yadav has been granted bail by a co-ordinate Bench of this Court vide order dated 21.01.2025 passed in Criminal Misc. Bail Application No. 792 of 2025, the copy of the said order is annexed as Annexure-9 to the affidavit. The applicant has no criminal history as stated in para 20 of the affidavit and is in jail since 25.10.2024.

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Per contra , learned counsel for the State opposed the prayer for bail.

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After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the first information report. His name has been disclosed by the first informant after 08 days in an application along with 11 other co-accused persons. Co-accused Sarvjeet Yadav @ Sanjay Yadav has been granted bail.

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Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Deepak Yadav @ Sarkar , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 84 B.N.S.S., 2023 may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 209 B.N.S., 2023.

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(v) 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 351 B.N.S.S., 2023. 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 and the trial court may proceed against him under Section 269 B.N.S., 2023.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Pending application (s), if any, shall stand disposed of.

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Order Date :- 5.4.2025 AS Rathore

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(Samit Gopal,J.)

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

Deepak Yadav Alias Sarkar v. State of U.P.

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Deepak Yadav Alias Sarkar v. State of U.P.

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