High Court
Case Details
Neutral Citation No. - 2025:AHC:128273 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40114 of 2023 Applicant :- Yogesh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Ram Sanehi Yadav,Sadrul Islam Jafri,Sr. Advocate Counsel for Opposite Party :- Abhishek Kumar Yadav,G.A.,Prem Singh,R.P.S. Chauhan Hon'ble Krishan Pahal,J. 1. List has been revised. None is present on behalf of the informant.
Legal Reasoning
2. Heard Sri N.I. Jafri, learned Senior Counsel assisted by Sri Gufran Ahmad Khan, learned counsel for the applicant and Sri Varun Pratap Singh, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 133 of 2023, under Sections 302, 120-B, 34 IPC, Police Station Nagla Singhi, District Firozabad, during the pendency of trial. 4. Learned Senior Counsel appearing on behalf of the applicant has argued that the applicant was granted interim bail by co-ordinate Bench of this Court vide order dated 20.02.2024 and the following order was being passed :- " 1. The Additional Solicitor General is directed to appear and assist this Court at 10.00 A.M. on 22.02.2024. 2. On 09.01.2024, following order was passed:- Rejoinder affidavit filed today is taken on record. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 133 of 2023 at Police Station- Nagla Singhi, District- Firozabad under Sections 302, 120-B, 34 IPC. The applicant is in jail since 31.07.2023. The bail application of the applicant was rejected by learned trial court on 17.08.2023. The following arguments made by Shri N.I. Jafri, learned Senior Counsel assisted by Shri Ram Sanehi Yadav and Shri Sadrul Islam Jafri, learned counsels on behalf of the applicant, which could not be satisfactorily refuted by Ms. Moni Gupta, learned counsel on behalf of the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail : 1. The applicant was not named in the FIR. 2. The applicant is a service man who is working as a Sepoy (Nursing Assistant in the Army Medical Corps(sic.). 3. At the date and time of the incident, the applicant was performing his official duties at Pune. 4. These facts are borne out from the official records maintained by the concerned establishment of the Indian Army. 5. The applicant was nominated at the instigation of the interested parties who wanted to wreak vengeance against the entire family of the principal offenders namely Rajesh and Akshay. 6. No overt role in the commission of the offence has been assigned by the prosecution witnesses. 7. The only role attributed to the applicant is that of criminal conspiracy. However, no evidence to support the same has been produced by the prosecution. 8. The telephonic contact of the applicant with his family members is not inculpatory inasmuch as it is but natural for any serviceman to be in regular contact to his family. 9. The role of the applicant is distinguishable from the other co-accused. 10. The applicant does not have any criminal history apart from this case. 11. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending. In this wake, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be enlarged on bail. Let the applicant- Yogesh Yadav be released on interim 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 below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant is in the Indian Army. The pendency of a criminal case will blight his career. It is in the interest of justice that the trial is concluded expeditiously. However, considering the nature of the duties, it may not be possible for the applicant to come regularly to attend the trial proceedings. In this wake, the following directions are issued:- I. The applicant shall make an application before the competent authority in the Indian Army who shall promptly consider the same for transferring the applicant to a military establishment as close to district Firozabad as possible. II. The learned Additional Solicitor General to take instructions from the competent army authority regarding the feasibility of posting the applicant to a military establishment which is closed to district Firozabad. III. A copy of the bail application and this order shall be served by the office of learned counsel for the applicant upon the office of Additional Solicitor General. List on 29.01.2024 at the top of the additional cause list. 4. Put up this case on 22.02.2024. 5. Office to provide a copy of this order to the office of learned Assistant Solicitor General of India." 5. Learned Senior Counsel has next stated at bar that the applicant has complied with the earlier order of this Court dated 20.02.2024. The applicant has not misused the interim bail granted to him. The applicant is an Army personnel and he is not a flight risk, as such the applicant may be enlarged on bail. Learned Senior Counsel has also submitted that the applicant was posted at Meerut and of late, he has been transferred to Kashmir. 6. Per contra, learned A.G.A. has vehemently opposed the bail application but could not dispute the submissions raised by the learned counsel for the applicant. 7. Under these circumstances, earlier order of this Court dated 20.02.2024 is made absolute. The present bail application is, accordingly, allowed. 8. Let the applicant- Yogesh Yadav, who is involved in aforementioned case crime, be released on regular bail on the same personal bond and sureties, if already furnished, subject to the conditions enumerated in the earlier order of this Court dated 20.02.2024. Order Date :- 31.7.2025 Sumit S Digitally signed by :- Digitally signed by :- Digitally signed by :- SUMIT SRIVASTAVA SUMIT SRIVASTAVA SUMIT SRIVASTAVA High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad (Justice Krishan Pahal)