Allahabad High Court
ASHISH YADAVversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Ashish Yadav, who is charged under Section 80(2) of the CrPC, Section 85 of the B.N.S. Act and Sections 3 and 4 of the Dowry Prohibition Act in Crime No. 160 of 2025. The applicant argued that the prosecution’s key witnesses – the deceased’s father, mother and sister – turned hostile during trial, stating that no dowry demand was made and that the deceased’s suicide was due to family discord. The State opposed bail but did not contest the factual matrix presented by the applicant. Weighing the nature of the alleged offence, the lack of material evidence, the applicant’s clean record, and the prevailing concerns of jail overcrowding, the Court relied on recent Supreme Court precedents on bail. Consequently, the Court held that the applicant is entitled to bail, subject to a personal bond, sureties and strict conditions to prevent tampering with evidence or further criminal conduct.
Issues considered
- Whether the applicant, charged with offences under the Dowry Prohibition Act and related statutes, is entitled to bail under Section 80(2) of the CrPC.
- Whether the hostile testimony of the prosecution witnesses negates the materiality of the case against the applicant.
- Whether the applicant’s lack of prior criminal record and the state of jail overcrowding justify the grant of bail.
Legislation cited
- B.N.S. Act — s. 85
- Code of Criminal Procedure, 1973 — s. 80(2)
- Dowry Prohibition Act — s. 3, 4
Subjects
- bail
- dowry death
- Criminal Procedure Code
- Dowry Prohibition Act
- hostile witnesses
- jail overcrowding
- Supreme Court bail jurisprudence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 35076 of 2026
Ashish Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rahul Yadav, Sanjeev Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rahul Yadav, learned counsel for the applicant, Sri
Himanshu Kumar, learned A.G.A. for the State and perused the
record.
2. The instant bail application has been filed with a prayer to release
the applicant on bail in Case Crime No. 160 of 2025 under Section
80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station- Saidpur,
District-Ghazipur, during the pendency of the trial.
3. Contention of learned counsel for the applicant is that during
investigation, the father, mother and sister of the deceased had
supported the prosecution story regarding the demand for dowry.
However, in their deposition before the trial court, the father, mother
and sister, who were examined as PW-1, PW-2 and PW-3, did not
support the prosecution story and were also declared hostile. It is
further submitted that in the statements of the father and mother, they
have also admitted the fact that the applicant never demanded any
dowry or harassed the deceased for non-fulfilment of the demand for
dowry, and that the deceased committed suicide because she was
having an estranged relationship with her stepmother. Because of
that dispute, she was under tension and committed suicide. It is
further submitted that, as on date, there is no material against the
applicant. It is further submitted that the applicant has no criminal
history. The applicant is languishing in jail since 15.09.2025. In case,
he is granted bail, he will not misuse the liberty of bail and would
cooperate in the trial proceedings.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for
bail but could not dispute the aforesaid facts.
BAIL No. 35076 of 2026
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5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view
the nature of offence, evidence, complicity of the accused and taking
into account overcrowded jails and heavy pendency of criminal cases
before the trial courts as well as considering the mandate of the
judgement of the Apex Court in the case of Kapil Wadhawan vs
Central Bureau of Investigation reported in 2025 SCC OnLine SC
3038 as well as guideline of this Court in the case of Maya Tiwari Vs.
State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on
bail. Accordingly, the present application is allowed.
6. Let the applicant- Ashish Yadav, involved in the aforementioned
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, with the following conditions:-
i. 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.
ii. The applicant shall cooperate in the trial/investigation sincerely
without seeking any adjournment.
iii. The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the
bond executed by him.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the court concerned before the bonds are accepted.
9. Verification of mobile number and Aadhaar card of the applicant as
well as sureties should be verified by the court concerned.
10. It is made clear that the applicant shall be released on the basis
of computer generated copy of this order, downloaded from the
official website of High Court Allahabad and verified by the concerned
BAIL No. 35076 of 2026
3
counsel with the undertaking that the certified copy will be filed within
15 days.
11. It is further directed that the trial court shall send the release order
to the concerned jail through Bail Order Management System
(BOMS) to ensure early release of the applicant.
12. Office is directed to send a copy of this order to the applicant
through Ghazipur Jail Superintendent via e-mail or on e-prison
portal and Trial Court via e-mode within 24 hours in compliance of the
order of the Apex Court in the case of Policy Strategy for Grant of
Bail, In Re: Suo Motu Writ Petition (Crl.) No.4 of 2021 decided on
31.01.2023 reported in (2024) 10 SCC 685 as well as Pila Pahan @
Peela Pahan and others Vs. State of Jharkhand and another, in
Writ Petition (Criminal) No. 169 of 2025, decided on 29.05.2026.
October 1, 2026
S.C.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
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