Nirdesh Kumar Singh Yadav and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12537 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the accused-applicants and learned A.G.A. for the State as well as perused the record. Learned counsel for the applicants submits that in the gang chart, one case has been shown against each of the applicants. In the said solitary case, the applicants have already been enlarged on bail. The bail orders are on record collectively as Annexure-3 to the bail application. Apart from the single case shown in the gang chart against each of the applicants, the applicants have duly explained their respective criminal histories of 13 and 4 cases in paragraphs 6 and 8 of the bail application. They do not have any other criminal history. It has further been submitted that the applicants are in jail since 1.9.2025 and in case the facility of bail is granted, there is no apprehension that they will flee from the judicial process. It is further submitted that the applicants shall abide by all orders passed by the court below and will co-operate in the speedy trial of the case. Learned counsel for the applicants also submits that the co-accused Krishnachandra Prabhajan Yadav @ Guddu @ Krishna Chandra Prabhanjan has been enlarged on bail by this Court vide order dated

12.12.2025 passed in Criminal Misc. Bail Application No. 12517 of 2025. Learned counsel for the applicants seeks parity with the said order of the co-accused. Versus Counsel for Applicant(s) : Rajeev Mishra, Mool Shankar Mishra Counsel for Opposite Party(s) : G.A. Nirdesh Kumar Singh Yadav And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Learned A.G.A. has opposed the prayer for bail. On due consideration of the fact that in the solitary case mentioned in the gang chart the applicants have already been enlarged on bail, and that in the other cases pending against them they have also been granted bail, coupled with the fact that the applicants are languishing in jail since

01.09.2025, and further considering that the co-accused named above have already been granted bail by this Court, this Court finds it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants, Nirdesh Kumar Singh and Deepu Yadav Alias Shaanu Yadav, involved in FIR/Case Crime No. 837 of 2025, under Sections 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station – Pura Kalandar, District – Ayodhya be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions imposed in the interest of justice: The applicants shall not tamper with the evidence during the trial. The applicants shall not pressurize or intimidate the prosecution witnesses. The applicants 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 them from disclosing such facts to the Court or to any police officer, or otherwise tamper with the evidence. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open to the trial court to treat it as abuse of the liberty of bail and pass appropriate orders in accordance with law. The applicants shall submit an undertaking on affidavit in terms of Section 19(4) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, that they will not indulge in any criminal activity BAIL No. 12537 of 2025 or misuse the liberty of bail. The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code (now Section 269 of the Bharatiya Nyaya Sanhita, 2023). In case the applicants misuse the liberty of bail during trial and, in order to secure their presence, proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued, and if they fail to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against them in accordance with law under Section 174-A IPC (now Section 209 of the Bharatiya Nyaya Sanhita, 2023). It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 16, 2025 Madhu D.R/P.S BAIL No. 12537 of 2025 (Karunesh Singh Pawar,J.) High Court of Judicature at Allahabad, Lucknow Bench