Allahabad High Court
PRINCE YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The Court granted bail to the applicant subject to specified conditions.
Summary
The High Court considered a second bail application filed by Prince Yadav, who is accused in a special trial involving offences under the BNS, SC/ST Act, IT Act and POCSO Act. The applicant claimed innocence, citing a victim's statement that did not support the prosecution, and argued that he had been falsely implicated and had been in custody since August 2025. The State opposed bail, contending that the applicant's innocence could not be determined at this stage. After reviewing the record and arguments, the Court, without expressing an opinion on the merits, found that the applicant had made out a case for bail and granted it subject to strict conditions. The bail order required personal bond, two heavy sureties, and conditions prohibiting evidence tampering, witness intimidation, and committing similar offences, with the provision that breach would lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the charges under multiple statutes.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
- Whether the applicant is likely to flee or commit similar offences during trial.
Legislation cited
Subjects
- bail
- criminal procedure
- false implication
- witness tampering
- SC/ST Act
- POCSO Act
- IT Act
- special trial
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12001 of 2026
Prince Yadav
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Harendra Yadav
Counsel for Opposite Party(s) : Abhai Raj Singh, G.A., Prabhat Singh
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. This is the second bail application moved on behalf of the applicant.
The First Criminal Misc. Bail Application No. 37860 of 2025 has been
dismissed as not pressed vide order dated 24.02.2026.
2. Heard learned counsel for the applicant, Sri Prabhat Singh, learned
counsel for the informant, learned A.G.A for the State and perused the
record.
3. It has been argued by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the present case.
Learned counsel further submits that by the efflux of time, trial began and
during the trial, the statement of P.W. 2-victim were recorded and she has
not supported the prosecution version, copy of which statement is
annexed as Annexure-15 the affidavit accompanying the bail application.
He thus submits that no offence against the applicant is made out. Several
other submissions in order to demonstrate the falsity of the allegations
made against the applicant have also been placed before the Court. The
circumstances which, according to the counsel, led to the false implication
of the accused have also been mentioned. It has also been assured on
behalf of the applicant that he is ready to cooperate with the process of
law and shall faithfully make himself available before the court whenever
required and is also ready to accept all the conditions which the Court
may deem fit to impose upon him. He next submits that applicant is
languishing in jail since 22.08.2025.
4. Per contra, learned A.G.A. as well as learned counsel for the informant
BAIL No. 12001 of 2026
2
have opposed the prayer for bail of the applicant by contending that the
innocence of the applicant cannot be adjudged at this stage, therefore, he
does not deserve any indulgence.
5. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties, nature of evidence, and all attending
facts and circumstances of the case, without expressing any opinion on
merits of the case, this Court is of the view that the applicant has made
out a case for bail. Hence the bail application is allowed.
6. Let applicant Prince Yadav involved in Special Trial No. 1200 of 2025
arising out of Case Crime No. 174 of 2025 under Sections 64(1), 318(4),
352, 351(2) of BNS, Section 3(2)V of SC/ST Act, Section 67 of I.T. Act
and Section 5/6 of POCSO ACT, Police Station Utraon, District
Prayagraj, be released on bail on furnishing a personal bond and two
heavy local sureties each of the like amount to the satisfaction of the court
concerned subject to the following conditions:-
A. The applicant shall not tamper with the evidence during the trial.
B. The applicant shall not pressurize/ intimidate the prosecution witness.
C. The applicant shall appear before the trial court on the date fixed,
unless personal presence is exempted.
D. The applicant shall not commit an offence similar to the offence of
which he is an accused, or suspected, of the commission of he is
suspected.
E. 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 them from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
7. In case of breach of any of the above condition, the trial Court shall be
at liberty to cancel the bail of the applicant in accordance with law.
(Dr. Gautam Chowdhary,J.)
April 20, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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