Allahabad High Court
SHESHNATH YADAV AND 2 OTHERSversusSTATE OF U.P.
- Decided
Holding
The court granted bail to the three applicants, subject to personal bond, sureties and specified conditions.
Summary
The Allahabad High Court considered a bail application filed by Sheshnath Yadav, Devbrat Yadav and Ankit Yadav in Crime No. 181 of 2026, charged under Sections 103(2), 61(2), 191(2), 191(3) and 238 of the BNS, 2023 for alleged involvement in a murder‑related assault. The applicants argued that they were not named in the FIR, that the only incriminating material consisted of statements of three witnesses, and that they have no prior criminal record except a 2020 case from which they were released on personal bond. The State opposed bail but could not refute the factual contentions. Relying on Supreme Court precedents (Kapil Wadhawan v CBI, Maya Tiwari v U.P. State) and the need to decongest jails, the court held that bail should be granted subject to strict conditions. The applicants were ordered to furnish personal bonds and two sureties each, with directions to avoid tampering with evidence, cooperate with investigation, and refrain from further criminal activity.
Issues considered
- Whether the applicants, who were not named in the FIR and lack substantive incriminating material, are entitled to bail under the provisions of the BNS, 2023.
- Whether the nature of the alleged offences and the evidentiary record justify denial of bail despite the State's opposition.
Legislation cited
- BNS, 2023 — s. 103(2), 191(2), 191(3), 238, 61(2)
Subjects
- bail
- criminal procedure
- Sections 103, 61, 191, 238
- overcrowded jails
- presumption of innocence
- conspiracy
- murder
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16785 of 2026
Sheshnath Yadav And 2 Others
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aryan Srivastava, Sr. Advocate
Counsel for Opposite Party(s) : G.A., Manoj Kumar
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri P.C. Srivastava, learned Senior Advocate assisted by Aryan
Srivastava, learned counsel for the applicants, Sri Manoj Kumar, learned
counsel for the first informant, Sri Bhupendra Pal Singh, 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.181 of 2026, under Sections-103(2),
61(2), 191(2), 191(3) and 238 of BNS, 2023, Police Station- Chiluwatal,
District- Gorakhpur, during the pendency of the trial.
3. Contention of learned counsel for the applicants is that the applicants
were not named in the FIR wherein the allegations have been made
against 8 persons for assaulting the husband of the deceased with knife
and shot him dead. It is further submitted that there is no incriminating
material against the applicants except the statements of one Sheetal,
Hume and Ishwa Shukla. 'That the applicant No2 has also extorted the
other accused persons near the house of W. Chauhan. The role assigned to
the applicant nos.1 and 3 is only of conspiracy without there being any
sufficient material thereof. One knife was recovered on the pointing out of
Raj Chauhan @ Nirahu. It is further submitted that the applicants have
been falsely implicated merely on the basis of apprehension and doubt
and personal grudge of the first informant. It is further submitted that the
applicants have no criminal history except one case against the applicants
during the COVID period, in Case Crime No.220 of 2020 and the
BAIL No. 16785 of 2026
2
applicants was released on personal bond. Investigation is going on. The
applicants are law abiding citizen and they are languishing in jail since
21.03.2026. In case, the applicants are granted bail, they will not misuse
the liberty of bail and would cooperate in the trial proceedings.
4. Per contra, learned A.G.A. for the State as well as learned counsel for
the informant have vehemently opposed the prayer for bail but could not
dispute the aforesaid facts.
5. Considering the entire facts and circumstances of the case, submissions
of learned counsel for the parties and keeping in view the nature of
offence, evidence, complicity of the accused and taking into account
overcrowded jails and heavy pendency of criminal cases before the trial
courts as well as considering the mandate of the judgement of the Apex
Court in the case of Kapil Wadhawan vs Central Bureau of
Investigation reported in 2025 SCC OnLine SC 3038 as well as
guideline of this Court in the case of Maya Tiwari Vs. State of U.P.
reported in 2024 SCC Online All 6765 regarding grant of bail and
without expressing any opinion on the merits of the case, I am of the
opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicants- Sheshnath, Devbrat Yadav and Ankit Yadav,
involved in the aforementioned crime be released on bail, on their
furnishing a personal bond and two sureties each in the like amount, to the
satisfaction of the court concerned, with the following conditions:-
i. The applicants 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 them from disclosing such facts to the Court or to any police
officer or tamper with the evidence.
ii. The applicants shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicants shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicants shall attend in accordance with the conditions of the
BAIL No. 16785 of 2026
3
bond executed by them.
7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
8. Identity, status and residence proof of the applicants and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicants as
well as sureties should be verified by the court concerned.
10. 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 applicants.
11. Office is directed to send a copy of this order to the applicant through
Jail Superintendent, Gorakhpur via e-mail or e-prison portal within 24
hours in compliance of the order of the Apex Court in the case of Policy
Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No.4
of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685.
(Arun Kumar Singh Deshwal,J.)
May 18, 2026
SFH
Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad
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