Allahabad High Court
YATENDRA ALIAS PICHCHUversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be released on bail.
Summary
The applicant, Yatendra alias Pichchu, was arrested along with five others in connection with the death of a three‑year‑old girl, alleged to have been thrown into a canal. During investigation, eye‑witness statements and CCTV footage indicated that the first informant, not the applicant, was responsible for the act, leading the applicant to claim false implication and lack of incriminating material. The applicant, who has been in custody since 4 October 2025, sought bail, arguing that a charge‑sheet had already been filed and custodial interrogation was unnecessary. The State opposed bail but did not dispute the factual findings. Relying on the nature of the offence, the evidence, the Supreme Court’s guidelines in Kapil Wadhawan v CBI, Maya Tiwari v U.P., and the policy on bail, the Court held that the applicant was entitled to bail, subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused under Sections 238, 103(1) IPC and 61(2) CrPC in view of the nature of the offence and the evidence indicating his non‑involvement.
- Whether the applicant’s right to liberty outweighs the State’s interest in custody given overcrowded prisons and pendency of cases.
- Whether the Supreme Court precedents on bail (Kapil Wadhawan v CBI, Maya Tiwari v U.P., Policy Strategy for Grant of Bail) are applicable to this case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 61(2)
- Indian Penal Code — s. 103(1), 238
Subjects
- bail
- false implication
- child death
- overcrowded prisons
- presumption of innocence
- IPC
- CrPC
- Supreme Court guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 46033 of 2025
Yatendra Alias Pichchu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anuj Kumar Chaudhary, Kamlesh
Shrama
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Kamlesh Sharma, learned counsel for the applicant, Sri
Ram Kumar Verma, 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. 240 of 2025, under Sections-
238, 103(1), 61(2) BNS, Police Station-Naraura, District-Bulandshahr,
during the pendency of the trial.
3. Contention of learned counsel for the applicant is that initially the
FIR was lodged against the six persons including the applicant.
Subsequently, during investigation, on the basis of statement of eye
witnesses, it was found that it is the first informant who had thrown
her three years old daughter in canal which has resulted into her
death. Even the CCTV footage also shows that the first informant was
going towards the canal having a child in her lap and subsequently
returned alone. It is further submitted that applicant has been falsely
implicated merely because applicant was also residing with the first
informant and there is no incriminating material against him. It is
further submitted that the applicant has explained the criminal history
of one case in the accompanying affidavit. It is further submitted that
charge sheet has been filed in the present case, therefore, there is no
requirement of custodial interrogation. The applicant is a law abiding
citizen and he is languishing in jail since 04.10.2025. In case, he is
BAIL No. 46033 of 2025
2
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.
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.
6. Let the applicant- Yatendra alias Pichchu, 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.
BAIL No. 46033 of 2025
3
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
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 Bulandshahr Jail Superintendent via e-mail or e-prison
portal 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.
(Arun Kumar Singh Deshwal,J.)
May 7, 2026
S.C.
Digitally signed by :-
SHUBHAM CHAURASIA
High Court of Judicature at Allahabad
Checking your session…