Ashish Yadav vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:48846

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7423 of 2025

Applicant :- Ashish Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shreyas Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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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 on behalf of the applicant Ashish Yadav with a prayer to release him on bail in Case Crime No.0065 of 2024, under Sections 380, 411, 427 & 457 I.P.C., P.S. Chetganj, District Kashi (Commissionerate Varanasi) during pendency of the trial.

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It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submits that applicant is not named in the FIR. His name surfaced in the statement of coaccused Chaman Kumar. Learned counsel for the applicant next submitted that co-accused Chaman Kumar has been granted bail by the coordinate Bench of this Court in Criminal Misc.Bail Application No.26285 of 2024 by order dated 25.07.2024. Learned counsel for the applicant next submits that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 21.05.2024 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the parity claimed with co-accused.

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Considering the entire facts and circumstances of the case, 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, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Ashish Yadav, who is involved in the

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aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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ii. The applicant shall cooperate in the trial 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 5.4.2025 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Ashish Yadav v. State of U.P. and Another

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Ashish Yadav v. State of U.P. and Another

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