Allahabad High Court

RAJNISH SINGH @ SAHIL YADAVversusSTATE OF U.P.

Decided: 4 May 2026
Bench: JAI PRAKASH TIWARI

Holding

Bail is granted to the applicant subject to the stipulated conditions.

Summary

The applicant, Rajnish Singh @ Sahil Yadav, was arrested in connection with a case (Crime No. 277/2025) under IPC sections 109(1), 303(2), 317(2) and 317(4). He contended that he was falsely implicated and argued that co‑accused who faced the same charges had already been granted bail, invoking the principle of parity. The Assistant Government Advocate opposed bail but did not dispute the applicant’s contentions. After reviewing the record and the seriousness of the allegations, the court, without expressing an opinion on the merits, decided that the case was suitable for bail. The court ordered the applicant’s release on bail subject to a personal bond, two sureties and several conditions relating to attendance, non‑tampering with evidence and compliance with Sections 229‑A, 82 CrPC and 174‑A IPC.

Issues considered

Whether bail should be granted to the accused despite the seriousness of the offences under sections 109, 303 and 317 of the IPC.
Whether the grant of bail to co‑accused creates a parity ground for the applicant’s bail.
Whether the applicant’s prior criminal history precludes bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 229-A, 313, 82
Indian Penal Code — s. 109(1), 174-A, 303(2), 317(2), 317(4)

Subjects

bail
parity
criminal procedure
IPC sections 109, 303, 317
Section 229-A CrPC
Section 82 CrPC
Section 174-A IPC
false implication

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 40814 of 2025

Rajnish Singh @ Sahil Yadav
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Ajay Kumar Pal, Arjun
Singh Yadav, Nishant, Ram
Brij Napit, Vikrant Pratap
Singh
Counsel for Opposite Party(s) : G.A.

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

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

The applicant is involved in Case Crime No. 277/2025 under
Sections 109(1), 303(2), 317(2), 317(4) BNS Police Station
Gopiganj District Bhadohi.

Learned counsel for the applicant has submitted that innocent
and falsely implicated in this very case crime number. It has been
further submitted that co-accused- Prem Sahu @ Munna Rai,
Noor Navi and Sudhir Dubey have been granted bail by the
coordinate Bench of this Court vide orders dated 26.9.2026,
12.08.2025 and 28.07.2025 in Criminal Misc. Bail Application
Nos. 26591 of 2025, 26705 of 2025 and 24711 of 2025. Hence,
the applicant is also entitled for bail on the ground of parity. It
has also been submitted that applicant has previous criminal
history, which has been explain to the present bail application
as well as to the supplementary affidavit. The applicant is in
jail since 29.08.2025. Learned counsel for the applicant has
further submitted that if the applicant is released on bail, they
would not misuse liberty of bail and are ready to co-operate in
the trial.
BAIL No. 40814 of 2025
2

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

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.

Let applicant- Rajnish Singh @ Sahil Yadav, be released on
bail in the aforesaid case crime number on their 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 file an undertaking to the effect that the
applicants shall not seek any adjournment on the dates fixed for
evidence when the witnesses are present in court. In case of
default of this condition, it shall be open for the trial court to
treat it as abuse of liberty of bail and pass orders in accordance
with law. The applicant shall not tamper with the evidence.

(ii) The applicants shall remain present before the trial court on
each date fixed, either personally or through their counsel. In
case of their absence, without sufficient cause, the trial court
may proceed against them under Section 229-A of the Indian
Penal Code.

(iii) In case, the applicant misuse the liberty of bail during trial
and in order to secure his presence proclamation under Section
82 Cr.P.C. is issued and the applicants fail to appear before the
court on the date fixed in such proclamation, then, the trial
court shall initiate proceedings against them, in accordance
with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the
trial court on the dates fixed for (i) opening of the case, (ii)
BAIL No. 40814 of 2025
3

framing of charge and (iii) recording of statement under
Section 313 Cr.P.C. If in the opinion of the trial court absence
of the applicants are deliberate or without sufficient cause, then
it shall be open for the trial court to treat such default as abuse
of liberty of bail and proceed against him in accordance with
law.

If the applicants does not follow any of the above condition,
bail application shall be rejected automatically.

May 5, 2026
S.K.

(Jai Prakash Tiwari,J.)

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

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