Allahabad High Court

ATUL @ AMIT YADAVversusSTATE OF U.P.

Decided: 17 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The Court granted bail to the applicant, finding a prima facie case for release.

Summary

The High Court considered a bail application filed by Atul @ Amit Yadav, who was arrested in connection with a minor's alleged abduction under Sections 140(1), 115(2) and 351(3) of the B.N.S. The applicant claimed false implication, pointing to contradictory victim statements recorded under Sections 180 and 183 BNSS and the absence of independent witnesses. The State opposed bail but could not dispute the applicant’s clean criminal record. The Court noted that a co‑accused, Nitesh Yadav, had already been granted bail and that the recovery of the victim did not conclusively link the applicant to the crime. Finding a prima facie case for bail, the Court allowed the application subject to personal bond, sureties and standard conditions.

Issues considered

Whether the applicant is entitled to bail despite allegations of involvement in the abduction of a minor.
Whether the contradictions in the victim's statements and lack of independent witnesses create a prima facie case for bail.
Whether the applicant's clean criminal record influences the bail decision.

Legislation cited

B.N.S. — s. 115(2), 140(1), 180, 183, 351(3)

Subjects

bail
false implication
minor victim
contradictory statements
no prior record
Criminal Procedure Code
Section 140
Section 115
Section 351
B.N.S.
High Court of Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16709 of 2026

Atul @ Amit Yadav
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Neetu Pal, Priyanka Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Ms. Neetu Pal, the 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.157 of 2026, under Sections 140(1),
115(2), 351(3) B.N.S., Police Station- Kasya, District- Kushinagar.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The recovery of the victim is
said to have been made from the possession of the applicant and the co-
accused Preetam Yadav, who were said to have been accompanying the
victim on foot. The statement of the victim recorded under Section 180
BNSS imputes the co-accused Nitesh Yadav @ Mantu Yadav, as the one
who was driving the vehicle, however, in the statement of the victim
recorded under Section 183 BNSS, the role of driving has been given to
the accused Preetam Yadav. The victim has sustained simple injures,
which are at odds with the statements recorded under Sections 180 & 183
BNSS. He further contends that the the applicant has no criminal
antecedents and he is in jail since 12.03.2026.

4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant and the co-accused
Preetam Yadav were arrested by the police and from their possession, the
victim who is a minor, was rescued. The Learned A.G.A., however, could
not dispute the fact that the applicant has no criminal antecedents.
BAIL No. 16709 of 2026
2

5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. The applicant is stated to be in jail since 12.03.2026. Co-accused viz.
Nitesh Yadav @ Mantu Yadav, who had been assigned the role in the
statement recorded under Section 180 BNSS of driving the vehicle, which
was used in the abduction of the victim, has been granted regular bail by
this Court vide its order dated 06.05.2026 passed in Criminal Misc. Bail
Application No. - 15271 of 2026 (Nitesh Yadav @ Mantu Yadav Vs. State of
U.P.). The recovery of the victim does not have any independent witness.
The statement of the victim recorded under Section 183 BNSS indicates
that the recovery may not have been made from the possession of the
applicant.

7. Taking into account all the facts and circumstances of the case, prima
facie, a case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Atul @ Amit 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
below will be at liberty to proceed to cancel his bail.
BAIL No. 16709 of 2026
3

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.

13. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.

(Rajiv Lochan Shukla,J.)
May 18, 2026
Sachin

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

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