Allahabad High Court
CHANDRESH YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The Court held that the applicant had made out a prima facie case for bail and therefore allowed the bail application.
Summary
Chandresh Yadav was arrested in a case registered as Crime No.06 of 2026 under Sections 123, 351(3), 64 and 78 of the Indian Penal Code for allegedly taking indecent photographs of a female relative, blackmailing her and demanding money. The applicant contended that the allegations were false, pointing out that the FIR did not specify the date or time of the alleged offence and that no photographs or videos had been recovered. He argued that the matter stemmed from a consensual relationship between two adolescents that the victim later criminalised. The State opposed bail but could not refute the applicant’s submissions. The Court, after considering the lack of specific details in the FIR and the prima facie nature of the case, granted bail subject to a personal bond, sureties and standard conditions.
Issues considered
- Whether bail should be granted in a case involving alleged indecent photography and blackmail during the pendency of trial.
- Whether the absence of a date and time in the FIR and lack of recovered material creates a prima facie case for bail.
Legislation cited
- Indian Penal Code — s. 123, 351(3), 64, 78
Subjects
- bail
- criminal procedure
- indecent photographs
- blackmail
- adolescent relationship
- FIR deficiencies
- prima facie
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13902 of 2026
Chandresh Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shadab Alam
Counsel for Opposite Party(s) : G.A.
Court No. - 65
(Sr. No.52 out of 205)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shadab Alam, learned counsel for the applicant, Sri Jai Kishan
Chaurasia, learned State Law Officer for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.06 of 2026, under Sections 123,
351(3), 64, 78 BNS, Police Station Nizamabad, District Azamgarh, during
the pendency of trial.
4. As per prosecution story, the applicant is stated to have befriended the
victim as he was her relative, clicked certain indecent photographs and
videos of her, started blackmailing her, and even demanded Rs. 80,000/-
from her.
5. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations are, per se, false. There is no date and time of the offence
mentioned in the FIR. There is no recovery of any videos or photographs of
the victim. A case of a consensual relationship between two adolescents has
been converted into a criminal one by the victim, as both have fallen apart.
The applicant has no criminal history and is in jail since 19.03.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
6. Learned State Law Officer has vehemently opposed the bail application
BAIL No. 13902 of 2026
2
but could not dispute the submissions made by the counsel for the applicant.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration that there is no date and time of the offence mentioned in the
FIR and that a case of a consensual relationship between two adolescents has
been converted into a criminal one by the victim, and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that
the applicant has made out a case for bail. The bail application is allowed.
8. Let the applicant- Chandresh Yadav, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
9. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
May 5, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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