Allahabad High Court
VISHAL YADAVversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The Allahabad High Court considered a bail application filed by Vishan Yadav, who was charged under IPC sections 191(2), 191(3), 103(1), 352 and 61(2) B.N.S. for an alleged offence in Jaunpur. The applicant argued that he was falsely implicated, that CCTV footage and eyewitness testimony did not identify him, and that a co‑accused in identical circumstances had already been granted bail, invoking parity. The State opposed bail but did not dispute the factual contentions. Relying on the Supreme Court’s decision in Kapil Wadhawan v. CBI, the Allahabad High Court’s own precedent in Maya Tiwari v. State of U.P., and the policy directive in the Suo Motu writ on bail, the Court held that the applicant should be released on bail, subject to standard conditions. The order directed the issuance of a personal bond, verification of identity, and electronic transmission of the release order to the jail.
Issues considered
- Whether bail should be granted to the accused under the circumstances of the case
- Whether the principle of parity with a co‑accused already on bail applies
- Whether the nature of the offences and the evidence warrant continued detention
- Whether overcrowded prisons and pendency of trials justify bail
Legislation cited
- Indian Penal Code — s. 103(1), 191(2), 191(3), 352, 61(2)
Subjects
- bail
- criminal procedure
- IPC sections
- parity
- overcrowded prisons
- case law
- judicial discretion
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13566 of 2026
Vishal Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ikshwaku Srivastava, Pradeep Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Pradeep Chauhan, learned counsel for the applicant, Sri Anurag
Pandey, 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.354 of 2025, under Sections 191(2),
191(3), 103(1), 352, 61(2) B.N.S., Police Station Kerakat, District Jaunpur,
during the pendency of the trial.
3. Contention of learned counsel for the applicant is that the applicant is an
innocent person and he has been falsely implicated in the present case. He
further submitted that in the CCTV footage, the applicant was not identified,
even the eye-witness Akash Singh @ Saurabh Singh did not identify the
applicant from CCTV footage. The applicant has been falsely implicated in
the present case. The applicant has nothing to do with the present case.
There is no incriminating material against the applicant. He further
contended that an identically situated co-accused Amardeep Kumar, has
already been granted bail by this Court in Criminal Misc. Bail Application
Nos. 11518 of 2026 vide order dated 07.04.2026. Therefore, the applicant is
also entitled to be released on bail on the ground of parity. He lastly
submitted that charge sheet has been filed by the police, therefore, there is
no requirement for custodial interrogation. The applicant has explained the
criminal history and he is languishing in jail since 22.01.2026. In case, the
applicant is released on 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 taking into account the fact that similarly
BAIL No. 13566 of 2026
2
situated co-accused has been enlarged on bail 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 as well as guideline of this Court in
the case of Maya Tiwari Vs. State of U.P., 2024 SCC Online All 6765
regarding grant of bail 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. Accordingly, the present application is allowed.
6. Let the applicant- Vishal 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
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
BAIL No. 13566 of 2026
3
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
District Jail Jaunpur via e-mail or e-prison portal within 24 hours 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 23, 2026
SA
Digitally signed by :-
SALMAN ALI
High Court of Judicature at Allahabad
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