Allahabad High Court
SHIVAM YADAVversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the applicant is released on bail subject to conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Shivam Yadav, who was charged with offences under Sections 191(2), 115(2), 333, 110 and 105 of the same Act for the alleged murder of Saraswati Devi. The applicant claimed innocence and alleged false implication, while the prosecution highlighted the grievous nature of the injury and the death of the victim. After hearing counsel for both sides, the Court, without expressing an opinion on the merits, found the case suitable for bail despite the seriousness of the charges. The Court ordered the release of the applicant on a personal bond of Rs. 50,000 with two sureties, imposing standard bail conditions including non‑interference with witnesses and attendance at trial dates. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future determination of guilt.
Issues considered
- Whether bail can be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences involving alleged murder and grievous injury.
- Whether the absence of a specifically assigned role to the accused affects the bail eligibility.
- Whether the pendency of the trial and the seriousness of the alleged crime justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 105, 110, 115(2), 191(2), 333, 351, 483
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- grievous injury
- murder
- trial pendency
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 38407 of 2024
Shivam Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Prem Prakash Yadav, Roopesh
Srivastava, Sanjeev Kumar Yadav,
Santosh Kumar Upadhyay, Shailendra
Kumar Yadav, Vinay Kumar Dwivedi
Counsel for Opposite Party(s) : G.A., Sandeep Kumar Chaturvedi
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed on behalf of the applicant is taken on record.
2. Heard Shri V.P. Srivastava, learned Senior Counsel assisted by Shri
Santosh Kumar Upadhyay, learned counsel for the applicant, Shri Sandeep
Kumar Chaturvedi, learned counsel for the first informant and Shri B.P.
Singh, learned AGA for the State-respondents and perused the record.
3. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a prayer
to release him on bail in Case Crime No.555 of 2024, under Sections 191(2),
115(2), 333, 110, 105 of B.N.S., registered at Police Station Barhalganj,
District Gorakhpur, during pendency of the trial.
4. It has been submitted by learned Senior counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that no specific role has been assigned
to the applicant and as per first information report, three named and two
unknown persons are said to have assaulted the deceased Saraswati Devi by
iron rod, lathi, brick and stones, as a result of which, one grievous injury has
been received on the parietal region of the deceased and the deceased has
died after 8 days of the incident. It is further submitted that the applicant is
languishing in jail since 06.09.2024 and the trial is not likely to conclude in
near future, undertakes that he will not misuse the liberty, if granted. It has
also been pointed out that in the wake of heavy pendency of cases in the
Court, there is no likelihood of any early conclusion of trial.
BAIL No. 38407 of 2024
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5. Per contra, learned counsel for the first informant and learned A.G.A.
have opposed the prayer for bail of the applicant and it has been submitted
by them that the deceased has received grievous injury.
6. No specific role has been assigned to the applicant and as per first
information report, three named and two unknown persons are said to have
assaulted the deceased Saraswati Devi by iron rod, lathi, brick and stones, as
a result of which, one grievous injury has been received on the parietal
region of the deceased and the deceased has died after 8 days of the incident
and as per postmortem report, the cause of death has been shown due to
ante-mortem injury (head injury). It is further submitted that the applicant is
languishing in jail since 06.09.2024 and the trial is not likely to conclude in
near future and the applicant is having o criminal history.
7. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I find
it to be a fit case for bail. Hence, the present bail application is allowed.
8. Let the applicant- Shivam Yadav involved in the aforesaid case crime
shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned :-
(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 not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence when the witnesses are
present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
10. It is clarified that anything said in this order is limited to the purpose of
BAIL No. 38407 of 2024
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determination of this bail application and will in no way be construed as an
expression on the merits of the case. The trial court shall be absolutely free
to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
May 12, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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