Allahabad High Court

ANKIT YADAVversusSTATE OF U.P.

Decided: 19 April 2026
Bench: ARUN KUMAR SINGH DESHWAL

Holding

The court held that the applicant is entitled to be released on bail.

Summary

Ankit Yadav applied for bail in Criminal Case No. 534 of 2025 under Sections 103(1) and 61(2) of the B.N.S. The applicant was not named in the FIR; the only allegation against him arose from statements of a garage owner and a painter, linking him to the co‑accused Sujit Yadav who was driving the car involved in a fatal accident. The State opposed bail, invoking the Gangster Act, but could not dispute the factual background. The court, noting the absence of incriminating material, the filing of a charge‑sheet, the applicant’s clean record, and the need to decongest prisons, relied on the Supreme Court’s guidelines in Kapil Wadhawan v. CBI and the policy on bail. It granted bail subject to a personal bond, two sureties and several conditions, without expressing an opinion on the merits of the case.

Issues considered

Whether the applicant, not named in the FIR but mentioned in statements, is entitled to bail under Sections 103(1) and 61(2) of the B.N.S.
Whether the invocation of the Gangster Act bars the grant of bail.
Whether the filing of a charge‑sheet eliminates the necessity for custodial interrogation and justifies bail.
Whether the nature of the offence and the evidence warrant denial of bail despite the State’s opposition.

Legislation cited

B.N.S. — s. 103(1), 61(2)
Gangster Act

Subjects

bail
criminal procedure
Sections 103(1) B.N.S.
Section 61(2) B.N.S.
Gangster Act
overcrowded prisons
Supreme Court precedent
Kapil Wadhawan case
policy on bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13052 of 2026

Ankit Yadav
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Indra Bhan Yadav, Sujit Kumar Yadav
Counsel for Opposite Party(s) : G.A., Rajesh Kumar Pandey

Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard learned counsel holding brief of Sri Indra Bhan Yadav, learned
counsel for the applicant, Sri Rajesh Kumar Pandey, learned counsel for
the first informant and Sri DPS Chauhan, learned A.G.A. for the State and
perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 534 of 2025, Sections- 103(1), 61(2)
of B.N.S., Police Station- Bhadohi, District- Bhadho, during the pendency
of the trial.

3. Contention of learned counsel for the applicant is that the applicant was
not named in the FIR, wherein an allegation has been made that one
Ertiga car coming from the Bhadohi side had hit the father of the first
informant, resulting in his death. Subsequently, it was found that the said
car in question was being driven by co-accused Sujit Yadav, and the name
of the applicant surfaced as an accused in the statements of the garage
owner, namely Ghalib Ansari, and the painter, namely Naushad Khan,
wherein the only allegation against the applicant is that the applicant,
along with co-accused Sujit Yadav, was also came to Garage. It is further
submitted that there is no incriminating material against the applicant and
the allegation is against co-accused Sujit Yadav, who was driving the car,
and not against the applicant. It is further submitted that after filing of the
present bail application, the Gangster Act has been invoked against the
applicant. It is further submitted that the applicant has no criminal history.
BAIL No. 13052 of 2026
2

It is further submitted that charge sheet has been filed in the present case,
therefore, there is no requirement of custodial interrogation. The applicant
is a law abiding citizen and he is languishing in jail since 22.02.2026. In
case, he is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.

4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail
but could not dispute the aforesaid facts.

5. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of
Investigation reported in 2025 SCC OnLine SC 3038 and without
expressing any opinion on the merits of the case, I am of the opinion that
the applicant is entitled to be enlarged on bail.

6. Let the applicant-Ankit Yadav, involved in the aforementioned crime
be released on bail, on his furnishing a personal bond and two sureties
each in the like amount, to the satisfaction of the court concerned, with
the following conditions:-

i. 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 from disclosing such facts to the Court or to any police
officer or tamper with the evidence.

ii. The applicant shall cooperate in the trial/investigation sincerely without
seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.

7. In case of breach of any of the above conditions, it shall be a ground for
BAIL No. 13052 of 2026
3

cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.

9. Verification of mobile number and Aadhar card of the applicant as well
as sureties should be verified by the court concerned.

10. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

11. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.

12. Office is directed to send a copy of this order to the applicant through
concerned Jail Superintendent via e-mail or e-prison portal in compliance
of the order of the Apex Court in the case of Policy Strategy for Grant
of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685.

(Arun Kumar Singh Deshwal,J.)
April 20, 2026
SA

Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad

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