High Court
Case Details
10. Learned counsel for the applicant has submitted that the FIR was lodged against five named persons, not including the applicant, stating that the deceased was taken away from his home at about 11:30 PM on 04.04.2024 by Vayu and Satyam Sahni; Vayu and Satyam Sahni have turned approvers and the applicant has been implicated on the basis of their statements. Co-accused Shivam Sahni has stated that the applicant was involved in beating the deceased and he further stated that he had told it to the informant yet the informant has not implicated the applicant in the FIR.
11. Learned A.G.A. the learned counsel for the informant have vehemently opposed the bail application. The learned AGA has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on
25.06.2024.
12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the eye-witnesses claim that they had told about the incident to the informant yet, the applicant is not named in the FIR; even as per the statement of eye-witnesses, they merely stated that at the exhortation of co-accused Avinash Tiwari, all the persons present there were beaten up but it appears that besides the deceased, no person had suffered injuries in the incident; as per the incident, the accused persons were carrying sticks and wood planks and no weapon was used in the offence; that the applicant is a young man aged 21 years having no criminal history, he is languishing in jail since 06.04.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.
13. Accordingly, this bail application stands allowed.
14. Let the applicant- Aditya Yadav be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court, unless his/her appearance exempted by the trial Court. . Order Date :- 19.5.2025 -Amit K- [Subhash Vidyarthi, J.]
10. Learned counsel for the applicant has submitted that the FIR was lodged against five named persons, not including the applicant, stating that the deceased was taken away from his home at about 11:30 PM on 04.04.2024 by Vayu and Satyam Sahni; Vayu and Satyam Sahni have turned approvers and the applicant has been implicated on the basis of their statements. Co-accused Shivam Sahni has stated that the applicant was involved in beating the deceased and he further stated that he had told it to the informant yet the informant has not implicated the applicant in the FIR.
11. Learned A.G.A. the learned counsel for the informant have vehemently opposed the bail application. The learned AGA has submitted that the allegations have been established during investigation and a charge-sheet has been submitted on
25.06.2024.
12. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the eye-witnesses claim that they had told about the incident to the informant yet, the applicant is not named in the FIR; even as per the statement of eye-witnesses, they merely stated that at the exhortation of co-accused Avinash Tiwari, all the persons present there were beaten up but it appears that besides the deceased, no person had suffered injuries in the incident; as per the incident, the accused persons were carrying sticks and wood planks and no weapon was used in the offence; that the applicant is a young man aged 21 years having no criminal history, he is languishing in jail since 06.04.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.
13. Accordingly, this bail application stands allowed.
14. Let the applicant- Aditya Yadav be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial Court, unless his/her appearance exempted by the trial Court. . Order Date :- 19.5.2025 -Amit K- [Subhash Vidyarthi, J.]