Allahabad High Court
KESHU YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding a prima facie case for release.
Summary
The High Court of Allahabad considered bail application No. 31475 of 2026 filed by Keshu Yadav, who was arrested in Crime No. 273 of 2026 under Sections 3, 5 and 25(8) of the Arms Act and Section 61(2) of the BNS. The applicant pleaded that he was falsely implicated, had no prior criminal record and had been in custody since 17 July 2026. The State opposed bail, but the court, after reviewing the material and hearing counsel, found that the applicant had made out a prima facie case for bail. The court ordered his release on personal bond with two sureties, subject to conditions of non‑tampering with evidence, non‑intimidation of witnesses and appearance before the trial court. The order does not affect the trial on merits.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 3, 5, 25(8) of the Arms Act and Section 61(2) of the BNS
- Whether the applicant has made out a prima facie case for bail despite the seriousness of the alleged offence
Legislation cited
Subjects
- bail
- Arms Act
- BNS
- criminal procedure
- sureties
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31475 of 2026
Keshu Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohit Kumar Singh, Sujata Choudhary
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.17 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Sujata Choudhary, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.273 of 2026, under Section-3 read
with Section-5 read with Section-25(8) of Arms Act and Section-61(2) of
BNS, Police Station Mawana, District Meerut, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
allegations are per se false and the applicant has nothing to do with the said
offence. The police has falsely foisted the said recovery from the applicant
just to show good work. As such, the applicant is entitled to bail. The
applicant has no criminal history and is in jail since 17.7.2026. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
BAIL No. 31475 of 2026
2
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Keshu Yadav, be released on bail in the
aforementioned case crime 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.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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