Allahabad High Court
PAWAN YADAVversusSTATE OF U.P.
- Decided
Holding
The Court held that the case was fit for bail and allowed the bail application with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Pawan Yadav, who was arrested in connection with Crime No.114 of 2026 involving multiple offences under the B.N.S. and the Arms Act. The applicant contended that he was falsely implicated, not named in the FIR, had no criminal history, and had been detained since 28 March 2026 without any monetary transaction with the informant. The State opposed the bail, arguing the seriousness of the charges. After reviewing the record, the Court, without expressing an opinion on the merits, concluded that the case was suitable for bail. Accordingly, the Court granted bail conditioned on a personal bond of Rs. 50,000, two sureties, and several undertakings to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court's future determination of guilt.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offences and the circumstances of his detention.
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 127(2), 308(5), 318(4), 319(2), 483, 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- false implication
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14903 of 2026
Pawan Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Dheer Singh Jadaun, Shubham
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Bhavesh Singh, holding brief of Shri Satya Dheer Singh Jadaun,
learned counsel for the applicant, and Shri B.P. Maurya, learned AGA for
the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer
to release him on bail in Case Crime No.114 of 2026, under Sections 319(2),
318(4), 109(1), 308(5), 127(2), 61(2) of B.N.S. and Section 3/25 of Arms
Act, registered at Police Station Sikrara, District Jaunpur, during pendency
of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that the applicant is not named in the
first information report and his name has surfaced during investigation. It is
further submitted that no monetary transaction whatsoever has taken place
between the applicant and the first informant. It is further submitted that the
applicant is languishing in jail since 28.03.2026 and the applicant is having
no criminal history, though, one case has been lodged against the applicant
along with the present case, undertakes that he will not misuse the liberty, if
granted. It has also been pointed out that in the wake of heavy pendency of
cases in the Court, there is no likelihood of any early conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
5. Applicant is not named in the first information report and his name has
surfaced during investigation. It is further submitted that no monetary
transaction whatsoever has taken place between the applicant and the first
BAIL No. 14903 of 2026
2
informant. It is further submitted that the applicant is languishing in jail
since 28.03.2026 and the applicant is having no criminal history, though, one
case has been lodged against the applicant along with the present case.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I find
it to be a fit case for bail. Hence, the present bail application is allowed.
7. Let the applicant- Pawan Yadav involved in the aforesaid case crime
shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned :-
(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 not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an
expression on the merits of the case. The trial court shall be absolutely free
to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
May 18, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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