Allahabad High Court
BYAS MUNI YADAVversusSTATE OF U.P.
- Decided
Holding
The court held that the case is fit for bail and granted the application.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Byas Muni Yadav, who is accused in Crime No.555 of 2024 for offences including assault causing grievous injury and death of Saraswati Devi. The applicant claimed innocence, arguing that he was falsely implicated and that no specific role was assigned to him in the FIR, which named three persons and two unknown assailants. The prosecution highlighted the seriousness of the offence, the victim's death, and the recovery of a brick allegedly pointed out by the applicant. The court, after reviewing the record and noting the pendency of the trial, concluded that the case was suitable for bail without expressing an opinion on the merits. Accordingly, bail was granted subject to a personal bond of Rs.50,000, two sureties, and several conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the alleged offences involving death.
- Whether the absence of a specifically assigned role to the accused in the FIR justifies bail.
- Whether the anticipated pendency of the trial warrants the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 105, 110, 115(2), 191(2), 333, 351, 483
Subjects
- bail
- criminal procedure
- assault causing death
- presumption of innocence
- trial pendency
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 39886 of 2024
Byas Muni 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, danda, bricks 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
BAIL No. 39886 of 2024
2
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.
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 and brick, as a result
of which, one grievous injury has been received on the parietal region of the
deceased and the deceased have 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 police has recovered the
brick on the pointing out of the applicant. 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- Byas Muni 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
BAIL No. 39886 of 2024
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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
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.
(Jitendra Kumar Sinha,J.)
May 12, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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