Allahabad High Court
DINESH YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court granted bail to the applicant, finding that the bail application was made out.
Summary
Dinesh Yadav applied for bail in a case (Crime No. 132 of 2026) alleging offences under several sections of the Indian Penal Code and the Passport Act, 1967. He contended that he was falsely implicated, asserting that his documents were never handed to co‑accused Monu Yadav, who is alleged to have misused a passport. The State opposed bail, but the applicant’s counsel highlighted the lack of cogent evidence and explained the applicant’s prior criminal history. The court held that an accused cannot be detained solely on the basis of past convictions when bail criteria are otherwise satisfied. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail should be granted to the accused despite the presence of prior criminal antecedents and the nature of the alleged offences.
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2)
- Passport Act, 1967 — s. 12(1)(B)
Subjects
- bail
- criminal antecedents
- passport fraud
- false implication
- sureties
- trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32959 of 2026
Dinesh Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhirendra Pratap Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No.32 out of 291)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Dhirendra Pratap Singh, learned counsel for the applicant, Sri
A.K. Shukla, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No. 132 of 2026, under Sections
318(4), 338, 336(3), 340(2), 319(2) BNS and 12(1)(B) Passport Act, 1967,
Police Station Kopaganj, District Mau, 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
co-accused person Monu Yadav is stated to have used the document of the
applicant to get issued another passport while already having a passport
issued in his name. The said allegations are per se false. The applicant has
not given his document to the co-accused person Monu Yadav. There is a
criminal history of one case assigned to the applicant, which stands
explained. The applicant is languishing in jail since 2.7.2026 and he is ready
to cooperate with trial. In case, the applicant is released on bail, he will 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.
BAIL No. 32959 of 2026
2
6. This Court is of the view that if a case for bail is otherwise made out,
an accused cannot be kept incarcerated solely on account of his criminal
antecedents. In the instant case, the criminal history assigned to the
applicant has been properly explained.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, there being no cogent evidence against the
applicant of having given his document to co-accused person 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.
8. Let the applicant- Dinesh Yadav, who is involved in aforementioned
case 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
subject to verification of sureties, with the condition that he shall not tamper
with evidence or intimidate witnesses and shall appear before the trial court
as required.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is made clear that observations made in granting bail to the applicant
shall not in any way affect the learned trial Judge in forming his independent
opinion based on the testimony of the witnesses.
(Krishan Pahal,J.)
September 16, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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