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Allahabad High Court

NEERAJ KUMAR YADAV @ LALA YADAVversusSTATE OF U.P.

Decided

Holding

The Court granted bail to the applicant, subject to conditions.

Summary

The High Court considered a bail application filed by Neeraj Kumar Yadav, who was implicated in Crime No. 133 of 2026 under Sections 288 and 109(1) of the B.N.S. The applicant argued that he was not named in the FIR and that the injured’s statement did not specifically identify him as the person who threw a crude bomb; the medico‑legal report also showed only simple abrasions, contradicting the alleged severity of the attack. The State opposed bail, highlighting a prior conviction in 2019 under Section 13‑G of the U.P. Public Gambling Act. After reviewing the record, the Court noted the lack of specific allegation and the simple nature of the injuries, and, without passing on the merits, decided to grant bail subject to standard conditions. The order directed the applicant to furnish a personal bond, two sureties, and comply with conditions against tampering with evidence, criminal activity, and intimidation of witnesses.

Issues considered

  • Whether bail should be granted to the accused when he is not named in the FIR and the evidence against him is inconclusive
  • Whether the applicant's prior conviction under the U.P. Public Gambling Act warrants denial of bail

Legislation cited

  • B.N.S. — s. 109(1), 288
  • U.P. Public Gambling Act — s. 13-G

Subjects

  • bail
  • FIR
  • criminal history
  • evidence tampering
  • intimidation of witnesses
  • Section 288
  • Section 109(1)
  • Section 13-G
  • U.P. Public Gambling Act

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 15116 of 2026

Neeraj Kumar Yadav @ Lala Yadav
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                :   Dhirendra Bahadur Singh
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. 133 of 2026, under Sections 288,
109(1) of the B.N.S., Police Station- Naini, District- Prayagraj, during the
pendency of the trial.
3. The learned counsel for the applicant contends that the applicant was
not named in the First Information Report (FIR) and his name surfaced
for the first time in the statement of the informant. It is further submitted
that the injured, in his statement, has given only a general role to the
accused persons and has not specifically stated as to who threw the crude
bomb at him. The learned counsel further contends that, as per medico-
legal examination report, only abrasions were found on the person of the
injured, which have been opined to have been caused by a hard and blunt
object. The injuries were opined to be simple in nature. It is thus
contended that the medical examination report is at odds with the ocular
version.
4. The learned A.G.A. has opposed the prayer for bail and has pointed out
that the applicant has a criminal history of one other case, being Case
Crime No.1085 of 2019, under Section 13-G of the U.P. Public Gambling
Act.
5. Rejoining the issue, the learned counsel for the applicant contends that
the applicant is not a previous convict.
6. I have considered the submissions made by the learned counsel for the
                                                                                             BAIL No. 15116 of 2026
                                                                    2

                                    parties.
                                    7. The applicant is not named in the FIR. The injured, in his statement,
                                    has not assigned any specific role to the applicant. The injuries found on
                                    the person of the injured in medico legal examination were simple in
                                    nature. The applicant is in jail since 18.03.2026.
                                    8. Without expressing any opinion on the merits of the case, and taking
                                    into account entire facts and circumstances, as enumerated above, I deem
                                    it appropriate to grant bail to the applicant.
                                    9. Let the applicant – Neeraj Kumar Yadav @ Lala 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, 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
                                    below will be at liberty to proceed to cancel his/her 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.
                                    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
                                    Kushal




Digitally signed by :-
KUSHAL AGRAWAL
High Court of Judicature at Allahabad


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