Allahabad High Court
DINESH YADAVversusSTATE OF U.P.
- Decided
- Bench
- AVNISH SAXENA
Holding
The court held that, on a prima facie basis showing no transaction, the accused is entitled to bail.
Summary
Dinesh Yadav was arrested in connection with an FIR alleging that he took Rs 17 lakhs from a relative for a land‑sale transaction. He contended that the allegation was false, that there was no evidence of any money being deposited in his bank account, and that he had no prior criminal record. The State opposed bail. The court examined the submissions and, noting the prima facie lack of any financial transaction, held that the accused was entitled to bail without addressing the merits of the case. Accordingly, bail was granted on condition of a personal bond and two sureties, following the Supreme Court’s recent guidelines. The accused was directed to cooperate with the judicial process for a speedy disposal of the trial.
Issues considered
- Whether the accused is entitled to bail pending trial under Sections 318(4), 308(5), 351(3) and 352 of the IPC.
- Whether the prima facie absence of any monetary transaction justifies the grant of bail.
- Whether the alleged offence is bailable in view of the facts and the accused’s clean record.
Legislation cited
- Indian Penal Code — s. 308(5), 318(4), 351(3), 352
Subjects
- bail
- false implication
- Indian Penal Code
- prima facie
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33352 of 2026
Dinesh Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Subhash Singh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE AVNISH SAXENA, J.
1. Heard Sri Subhash Singh Yadav, learned counsel for accused applicant
and learned A.G.A. for State.
1A. Learned counsel for the applicant hands up the supplementary
affidavit enclosing the document in support of bail application, the same
is taken on record.
2. The present bail application has been moved by the applicant/ accused-
Dinesh Yadav to enlarge him on bail in Case Crime No. 247 of 2026,
under Sections 318(4), 308(5), 351(3), 352 BNS, P.S.- Kotwali, District-
Ghazipur, during the pendency of trial.
3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in the FIR dated 13.04.2026 lodged
for the alleged incident between 04.07.2024 to 21.08.2024 with the
allegation that the accused/applicant has taken nearly Rs. 17 Lakhs from
the informant for showing her land for sale. It is the contention of learned
counsel that the accused/applicant and informant are relatives and after
the death of informant's husband, the accused/applicant started residing
with the informant. It is due to some dispute that the FIR has lodged
against him. Learned counsel further submits that the bank statement does
not show deposit of money as is stated by the informant. The charge sheet
is submitted. The accused/applicant has no criminal history. The accused
applicant is languishing in jail since 16.05.2026. He seeks to be enlarged
on bail.
BAIL No. 33352 of 2026
2
4. Learned A.G.A. for State and learned counsel for the informant have
opposed the prayer for bail.
5. This Court has taken into consideration the rival submissions made by
learned counsel for the parties and perused the record.
6. Considering the prima facie no transaction between the parties reflected
from the bank account as is submitted by the accused/applicant, the
accused/applicant is entitled to be released on bail.
7. Hence, without touching merit of the case, the bail application is
allowed.
8. The accused/applicant 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 court concerned in view of observation made by the
Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
re [(2024)10SCC 685].
9. The accused-applicant shall cooperate in judicial process for fair and
speedy disposal.
(Avnish Saxena,J.)
September 18, 2026
Abhishek Sri.
Digitally signed by :-
ABHISHEK RANJAN SRIVASTAVA
High Court of Judicature at Allahabad
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