Kamlesh Yadav vs State of U.P.

1. Heard Sri Jagdish Prasad Chaurasia, learned counsel for the applicant and Sri Uma Shankar Mishra, learned A.G.A. for the State and perused the record.

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2. Present application has been moved seeking anticipatory bail in Case Crime No. 87 of 2022, under Sections 308, 325, 323, 504, 506 IPC, Police Station Dhanapur, District Chandauli with the prayer that in the event of arrest, applicant may be released on bail.

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3. At the very outset, learned A.G.A. submits that he has not received any instructions as yet.

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4. On the other hand, learned counsel for the applicant submits that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicant. It is submitted that initially FIR was filed under Sections 323, 504 and 506 IPC but after investigation chargehseet was submitted under Sections. 308, 325, 323, 504, 506 IPC. It is further submitted that the applicant was not arrested during investigation and he has cooperated in the investigation. It is further submitted that co-accused Aman Yadav has already been granted anticipatory bail by this Court vide order dated 15.10.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 6403 of 2025. It was also submitted that

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NABAIL No. 9967 of 2025

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applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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5. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra , (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.

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6. Considering the above submissions of the learned counsel for the applicant and without expressing any opinion on merits, the applicant- Kamlesh Yadav involved in the aforesaid case crime be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till 17.12.2025 with the following conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would cooperate during trial and would not misuse the liberty of interim interim anticipatory bail bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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7. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail

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NABAIL No. 9967 of 2025

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granted to the applicant herein.

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8. List this case as fresh on 17.12.2025.

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9. In the meantime, learned AGA may obtain instructions in the matter.

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(Jitendra Kumar Sinha,J.)