Allahabad High Court
RAM DULAR YADAVversusSTATE OF U.P.
- Decided
Holding
The applicant, Ram Dular Yadav, is entitled to bail.
Summary
Ram Dular Yadav was charged under Sections 304 and 323 of the IPC for assaulting a deceased person. The first bail application was rejected, but the applicant argued that no specific role was assigned to him, the co‑accused had already been released on bail, all witnesses had been examined, and he had no criminal record. The State opposed bail but did not dispute these facts. The Court, invoking the principle of parity, the overcrowding of prisons, and recent Supreme Court precedents on bail, held that the applicant was entitled to bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties and standard conditions to prevent tampering or further offences.
Issues considered
- Whether bail should be granted to an accused under Sections 304 and 323 IPC during trial despite a prior rejection.
- Whether the release of a co‑accused on bail creates a right of parity for the applicant.
- Whether the risk of witness tampering or further offence justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 304, 323
Subjects
- bail
- IPC 304
- IPC 323
- assault causing death
- parity
- overcrowded prisons
- witness tampering
- Supreme Court bail jurisprudence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29746 of 2025
Ram Dular Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Sr. Advocate, Vivek Kumar Singh
Counsel for Opposite Party(s) : G.A., Ranjeet Yadav
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Kamal Krishna, learned Senior Advocate assisted by Sri
Vivek Kumar Singh, learned counsel for the applicant, Sri Ranjeet
Yadav, learned counsel for the first informant and Sri Roshan Kumar
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. 08 of 2024 under section 304,
323 I.P.C., Police Station Rampur, District Jaunpur, during the
pendency of the trial.
3. This is a second bail application.
4. First bail application no.22074 of 2024 was rejected by this court
on 25.07.2024.
5. Contention of learned counsel for the applicant is that the
allegation is against four persons for assaulting the deceased who
subsequently succumbed to injuries. It is further submitted that
though allegation was made against four persons including the
present applicant and no specific role has been assigned to any of
the applicant. It is further submitted that the co-accused, Santosh
Kumar Yadav alias Bhodu, has already been released on bail by a
coordinate Bench of this Court in Criminal Misc. Bail Application
No.24563 of 2025 vide order dated 14.08.2025. Therefore, the
applicant is also entitled to be released on bail on the ground of
parity. It is further submitted that all fact witnesses have already been
examined during the trial, therefore, there is no chance of tampering
with the witness. It is further submitted that the applicant has no
criminal history. It is further submitted that charge sheet has been
BAIL No. 29746 of 2025
2
filed in the present case, therefore, there is no requirement of
custodial interrogation. The applicant is languishing in jail since
23.01.2024. In case, he is granted bail, he will not misuse the liberty
of bail and would cooperate in the trial proceedings.
6. Per contra, learned counsel for the first informant and learned
A.G.A. have vehemently opposed the prayer for bail but could not
dispute the aforesaid facts.
7. Considering the aforesaid submission that the co-accused Santosh
Kumar Yadav alias Bhodu, having similar role as of the applicant has
been released on bail by a coordinate Bench of this Court in Criminal
Misc. Bail Application No.24563 of 2025 as well as considering the
nature of allegation 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. Accordingly, the present application is allowed.
8. Let the applicant- Ram Dular 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, with the following conditions:-
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 cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
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9. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
10. Identity, status and residence proof of the applicant and sureties
be verified by the court concerned before the bonds are accepted.
11. Verification of mobile number and Aadhaar card of the applicant
as well as sureties should be verified by the court concerned.
12. 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.
13. 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.
14. Office is directed to send a copy of this order to the applicant
through concerned Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode 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 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.
October 1, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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