Allahabad High Court
VIKAS YADAVversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted bail to the accused, Vikas Yadav, subject to conditions.
Summary
The High Court considered a bail application filed by Vikas Yadav, who was charged under Sections 109(1), 118(1) and 123(1) of the Indian Penal Code for allegedly assaulting a person named Rinku with sharp edged weapons. The applicant argued that the injuries were simple, he had no prior criminal record, and he had been in custody since 4 January 2026. The State contended that the accused, after intoxicating the victim, took him to a secluded spot and attacked him with knives, showing an intent to kill, and that the injuries, though simple, were numerous. The Court noted that the medical report confirmed only simple incised wounds, there was no evidence of firearm injury, the applicant had no antecedents, and the chargesheet had already been filed, rendering further custodial interrogation unnecessary. Balancing the facts, the period of detention, and the applicant's clean record, the Court decided to enlarge bail without expressing an opinion on the merits of the case. Accordingly, the bail application was allowed subject to standard conditions and the execution of a personal bond with sureties.
Issues considered
- Whether bail should be granted to an accused charged under IPC Sections 109, 118 and 123 where the injuries are simple and the accused has no prior record.
- Whether the accused is required for further custodial interrogation or recovery of evidence.
- Whether the seriousness of the alleged assault warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 109, 118, 123
Subjects
- bail
- IPC
- Section 109
- Section 118
- Section 123
- assault with sharp edged weapon
- simple injuries
- no criminal antecedents
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15029 of 2026
Vikas Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashwani Tripathi, Ramanuj Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Learned counsel for the applicant, 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.02 of 2026, under Sections 109(1),
118(1), 123(1) BNS, Police Station Pisawa, District Aligarh.
3. Learned counsel for the applicant states that the applicant and the other
co-accused Harendra Yadav have been assigned the general role of
assaulting the injured Rinku by using sharp edged weapons. He contends
that the injuries were simple in nature and even the doctor in his statement
has opined that the injuries were simple in nature. The applicant has no
criminal antecedents and is in jail since 04.01.2026.
4. Learned AGA has opposed the prayer for bail and has contended that
the applicant and the co-accused, after feeding injured with some
intoxicating cold drink, took him to a secluded spot and assaulted him
with knives. The intent to kill the injured is reflected in their actions.
Even though the injuries were found simple in nature, however, they are
numerous.
5. I have considered the submissions made by the Learned counsels for
the parties.
6. The applicant and the co-accused have been assigned the role of
BAIL No. 15029 of 2026
2
assaulting the injured using sharp edged weapons and also of using a
firearm. No injury of a firearm has been found in the medical examination
of the injured and only incised wounds have been found. The said injuries
were found to be simple in nature, as per the statement of Dr. Sachin
Verma. The applicant has no reported criminal antecedents. A
chargesheet has already been filed and the applicant is no longer required
for any custodial interrogation or recovery.
7. Taking into consideration the facts and circumstances of the case as
well as the period of detention, as the applicant is said to be in jail since
04.01.2026, without expressing any opinion on the merits of the case, I
find it appropriate to enlarge the applicant on bail.
8. The bail application is allowed.
9. Let the accused-applicant, Vikas Yadav, involved in above mentioned
case crime number be released on bail, on his executing a personal bond
and two reliable sureties each, in the like amount to the satisfaction of the
court concerned, subject to the following conditions:
(i) The applicant will not tamper with the evidence.
(ii) The applicant will not indulge in any criminal activity.
(iii) The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
(iv) The applicant will appear regularly on each and every date fixed by
the trial court, unless his personal appearance is exempted by the court
concerned.
10. In the event of breach of any of the aforesaid conditions, the court
concerned will be at liberty to proceed to cancel his bail.
11. 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.
BAIL No. 15029 of 2026
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12. 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.
(Rajiv Lochan Shukla,J.)
May 5, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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