Allahabad High Court

JITENDRA SINGH YADAVversusSTATE OF U.P.

Decided: 8 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The Court held that the applicant is entitled to bail as the case is fit for release on bail despite the nature of the offences.

Summary

The High Court considered a bail application filed by Jitendra Singh Yadav, who was in judicial custody for offences under Sections 308, 318, 249, 221, 351, 196 and 61 of the Indian Penal Code. The applicant claimed innocence, alleging that the FIR was lodged on vague and unsubstantiated grounds without specific details of the alleged crime. The State opposed bail but did not refute the applicant's contentions regarding the lack of concrete evidence. The Court examined the nature of the allegations, the period of custody, and the gravity of the offences, and, without expressing a view on the merits, concluded that the case was suitable for bail. Accordingly, the Court ordered the release of the applicant on personal bond and sureties, subject to standard conditions to prevent tampering with evidence or intimidation of witnesses. The bail may be cancelled if any condition is breached.

Issues considered

Whether the applicant is entitled to bail despite the seriousness of the charges under the IPC.
Whether the FIR provides sufficient particulars to justify continued detention.
Whether the period of custody and alleged lack of evidence warrant the grant of bail.

Legislation cited

Indian Penal Code — s. 196, 221, 249, 308(2), 308(5), 318(4), 351(2), 61(2)

Subjects

bail
Indian Penal Code
criminal procedure
FIR
evidence tampering
witness intimidation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31928 of 2026

Jitendra Singh Yadav
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Aditya Prakash Singh, Mayank
Awasthi
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.

2. The instant application has been filed seeking release of the applicant
on bail in Case Crime No. 323 of 2026, under Sections 308(5), 308(2),
318(4), 249, 221, 351(2), 196, 61(2) BNS, Police Station Kotwali
Lalitpur, District Lalitpur, during the pendency of trial.

3. It is submitted by the learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in the present case
due to ulterior motives and mala fide intentions. The First Information
Report has been lodged against two named accused persons, namely, the
applicant and and co-accused namely Satyabhan @ Golu Yadav. It is also
submitted that the FIR in the present case has been lodged by a Sub-
Inspector merely on the basis of an alleged apprehension, without there
being any concrete or credible evidence against the applicant.
Significantly, the FIR does not disclose any specific date, time or place of
the alleged occurrence, thereby rendering the allegations vague and
doubtful. It is further submitted that the there is criminal history of three
cases against the applicant has been duly explained in paragraph 27 of
the bail application. The applicant is in judicial custody since 10.04.2026
and has remained incarcerated for a considerable period. Learned counsel
for the applicant has further submitted that if the applicant is released on
bail, he would not misuse liberty of bail and is ready to co-operate in the
BAIL No. 31928 of 2026
2

trial.

4. Learned A.G.A. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicant.

5. Considering the submission of learned counsel for the parties, facts of
the case, nature of allegation and period of custody, gravity of offence,
without expressing any opinion on the merits of the case, the Court is of
the opinion that it is a fit case for bail. Hence, the bail application is
hereby allowed.

6. Let the applicant Jitendra Singh Yadav involved in the aforesaid case
be released on bail on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to
following conditions:

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). 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.

7. In case of breach of any of the above conditions, the court below shall
be at liberty to cancel the bail.

(Jai Prakash Tiwari,J.)
September 9, 2026
S.K.

Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad

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