Allahabad High Court

MUNNA ALIAS SHIVAASHRAY YADAVversusSTATE OF U.P.

Decided: 30 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court granted bail to the applicant, subject to conditions.

Summary

Munna alias Shivaashray Yadav was arrested in connection with case crime No. 708 of 2026 under IPC sections 3(5), 115(2), 333 and 140(1). He contended that he had transferred Rs 12,00,000 to the victim, Manoj Kumar Pandey, for securing a railway job for his daughter, that the victim later returned Rs 5,00,000 and a written settlement was executed, and that the FIRs were falsely lodged against him. The applicant, who has no prior criminal record, has been in custody since 23 August 2026 and sought bail, assuring the court of his cooperation and that he would not misuse liberty. The prosecution opposed bail but did not dispute the factual contentions. After hearing counsel and considering the affidavit and the nature of the allegations, the court held that the case was suitable for bail and granted it subject to personal bond, two sureties and conditions of appearance, non‑tampering and refraining from criminal activity. The order expressly limited its observations to the bail application and stated that they would not affect the trial’s merits.

Issues considered

Whether bail should be granted to the accused under IPC sections 3(5), 115(2), 333 and 140(1) given the facts of the case.
Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Whether the applicant’s lack of prior criminal record and claim of settlement justify the grant of bail.

Legislation cited

Indian Penal Code — s. 115(2), 140(1), 333, 3(5)

Subjects

bail
Indian Penal Code
false implication
surety
court conditions
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34273 of 2026

Munna Alias Shivaashray Yadav
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ashok Kumar Yadava, Janardan
Counsel for Opposite Party(s) : Brijesh Kumar Chaturvedi, G.A.,
Sandeep Kumar Chaturvedi

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

1. Supplementary affidavit has been filed today in the Court by learned
counsel for the applicant. The same is taken on record.
2. Pursuant to the order dated 25.09.2026, passed by this Court, Sri
Shivanand Rai, Sub-Inspector of Police, Police Station- Robertsganj
District- Sonbhadra, is present before this Court and has personal
affidavit. The same is taken on record.

3. It is apparent from personal affidavit that the query made in order dated
25.09.2026 has been explained in paragraph nos.4 to 6 of the affidavit.

4. The officer has tendered unconditional apology and submits that in
future he shall be more careful while submitting the instructions in
compliance of the judgment and order passed by this Court.

4. The apology is accepted. The personal appearance of Sri Shivanand
Rai, Sub-Inspector of Police is exempted.

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

6. The applicant is involved in Case Crime No. 708 of 2026 under
Sections -3(5), 115(2), 333, 140(1) BNS Police Station Robertsganj
District Sonbhadra.

7. Learned counsel for the applicant has submitted that the applicant is
BAIL No. 34273 of 2026
2

innocent and has been falsely implicated in the present case. It is further
submitted that the applicant had transferred a sum of Rs.12,00,000/- to the
account of the victim Manoj Kumar Pandey, on the pretext of securing
employment for the daughter of the applicant in the Indian Railways.
However, when Manoj Kumar Pandey failed to provide any information
regarding the same, the applicant, with the assistance of the local police,
apprehended the said victim (son of the informant). Thereafter, Manoj
Kumar Pandey returned a sum of Rs.5,00,000/- to the account of the
applicant, and a written settlement was also entered into between them. It
is further submitted that, arising out of the same set of facts, several FIRs
have been lodged against the victim of the present case. The applicant
has not criminal history, except the present case. The applicant is in jail
since 23.08.2026. Therefore, the applicant is entitled for bail. Learned
counsel for the applicant has further submitted that if the applicant is
released on bail, the applicant would not misuse liberty of bail and is
ready to co-operate in the trial.

8. Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.

9. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.

10. Let applicant -Munna Alias Shivaashray Yadav be released on bail
in the aforesaid case crime number on furnishing a personal bond and
two reliable sureties of the like amount to the satisfaction of the court
concerned subject to following conditions, which are being imposed in
the interest of justice:-

(i) The applicant shall appear before the trial court on the dates fixed,
unless 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
BAIL No. 34273 of 2026
3

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.

11. 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.

12. 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.

(Jai Prakash Tiwari,J.)
October 1, 2026
S.K.

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

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