Allahabad High Court
RAVISHANKAR YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application is allowed.
Summary
Ravishankar Yadav applied for bail in a criminal case (Crime No.133 of 2026) involving offences under Sections 123, 64(ड), 115(2) and 351(3) of the Indian Penal Code and Evidence Act. The victim is a 19‑year‑old adult and the prosecution lacks clinching evidence that the accused misled the victim. The court examined the material on record, the submissions of counsel, and the circumstances of the case. Finding that the applicant had made out a case for bail on a prima facie basis, the court allowed the bail application. The bail was conditioned on a personal bond, two sureties, and undertakings not to tamper with evidence or intimidate witnesses, with cancellation upon breach.
Issues considered
- Whether bail should be granted to the accused during the pendency of trial for offences under Sections 123, 64(ड), 115(2) and 351(3) of the IPC/Evidence Act.
Legislation cited
- Indian Evidence Act, 1872 — s. 64(ड)
- Indian Penal Code — s. 115(2), 123, 351(3)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Evidence Act
- trial pendency
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29859 of 2026
Ravishankar Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Shri Prakash Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.69 out of 80 T.C.)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant, Sri Yogesh
Mishra, learned State Law Officer for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.133 of 2026, under Sections 123, 64(ड),
115(2), 351(3) B.N.S., Police Station Vindhyachal, District Mirzapur, during the
pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by learned
counsel for the parties, the evidence on record, taking into consideration that the
victim is major, aged about 19 years, and there being no clinching evidence to suggest
that the applicant misled the victim from the beginning, and without expressing any
opinion on the merits of the case, prima-facie the Court is of the view that the
applicant has made out a case for bail. The bail application is allowed.
5. Let the applicant- Ravishankar Yadav, be released on bail on furnishing a personal
bond and two sureties to the satisfaction of the court concerned, subject to verification
of sureties, with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
6. Breach of any condition shall entail cancellation of bail. The observations herein
shall not affect the trial on merits.
(Krishan Pahal,J.)
September 11, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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