Allahabad High Court
RAMADHAR YADAVversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The applicant, Ramadhar Yadav, sought bail in a case originally filed under Section 87 of the Indian Penal Code against his son, which was later converted to Section 103(1) after a death. The prosecution’s case against the applicant rests solely on the statements of his son, a co-accused, and his own confessional statement, with no other admissible evidence. The applicant argued that the evidence is purely circumstantial, he has no prior criminal record, and he has been in custody since 24‑06‑2026. The court noted the lack of direct evidence, the applicant’s familial relationship to the prime accused, and his clean record, and concluded that bail could be granted without commenting on the merits of the trial. Accordingly, the bail application was allowed subject to a personal bond, sureties, and standard conditions.
Issues considered
- Whether the applicant is entitled to bail despite the case being based solely on statements of a co-accused and a confessional statement.
- Whether the circumstantial nature of the evidence and lack of prior criminal record justify granting bail.
- Whether the applicant's relationship to the prime accused affects the bail decision.
Legislation cited
- Indian Penal Code — s. 103(1), 238(b), 61(2), 87
Subjects
- bail
- circumstantial evidence
- Indian Penal Code
- Section 87
- Section 103(1)
- Section 238(b)
- Section 61(2)
- no prior criminal record
- father of co-accused
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32339 of 2026
Ramadhar Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Shravan Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 65
HON'BLE SAMEER JAIN, J.
1. Sri Shadab Alam, learned Advocate filed his power on behalf of
informant, today in the Court, which is taken on record.
2. Heard Sri S.K. Mishra, learned counsel for the applicant, Sri Shadab
Alam, learned counsel for informant and Sri Shatruhan Yadav, learned AGA
for the State.
3. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 217 of 2026, under Sections 87, 103(1), 238(b),
61(2) BNS, Police Station Mehnagar, District Azamgarh during pendency
of the trial.
4. Learned counsel for the applicant submits, FIR of the present case was
lodged against the son of applicant under Section 87 BNS but after the
recovery of dead body of the deceased i.e. daughter of the informant case
has been converted under Section 103(1) BNS.
5. He further submits, during investigation through the statement of co-
accused Manoj Yadav i.e. son of the applicant, applicant has been made
accused in the present matter.
6. He further submits, except the statement of co-accused and confessional
statement of applicant before police there is no cogent and admissible
evidence against the applicant on record. He further submits, as applicant is
father of the named accused Manoj Yadav, therefore, police during
investigation also implicated him.
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7. He further submits, it is a case of circumstantial evidence and prima facie
there is no cogent evidence against the applicant on record.
8. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 24.06.2026.
9. Per contra, learned AGA as well as learned counsel for informant opposed
the prayer for bail but could not dispute the argument on facts advanced by
learned counsel for the applicant.
10. I have heard learned counsel for the parties and perused the record of the
case.
11. It is a case of circumstantial evidence and applicant was not named in the
FIR and FIR of the present case was lodged against his son i.e. co-accused
Manoj Yadav.
12. Record further suggests that during investigation through the statement
of co-accused Manoj Yadav recorded by the Investigating Officer applicant
has been made accused in the present matter.
13. Further, it reflects, except the statement of applicant and co-accused
before police there is no cogent evidence against the applicant on record.
14. Considering the fact that applicant is father of the named co-accused
Manoj Yadav, who appears to be prime accused, the reason of his false
implication disclosed by learned counsel for applicant during the course of
argument cannot be ruled out at this stage.
15. Further, applicant is not having any criminal history and in the present
matter he is in jail since 24.06.2026.
16. Therefore, considering the facts and circumstances of the case discussed
above, in my view, applicant is entitled to be released on bail.
17. Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
18. Let the applicant - Ramadhar Yadav be released on bail in the aforesaid
case on 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 appear before the trial court on the dates fixed, unless
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3
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
19. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
20. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
September 18, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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