Allahabad High Court
BALJEET 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 Baljeet Yadav, who was arrested in Crime No. 510 of 2025 under Sections 305(a), 331(4) and 317(2) of the BNS Act. The applicant argued that he was not named in the FIR and was falsely implicated after a recovery of Rs. 24,300 and a yellow metal bracelet, the videographic evidence of which was not forwarded to the magistrate within the 48‑hour period prescribed by Rule 18 of the BNSS Rules, 2024. The State opposed bail but did not contest these factual assertions. Weighing the nature of the offences, the procedural lapses, the applicant’s criminal history, and the broader concerns of jail overcrowding and case pendency, the Court, guided by the Supreme Court’s decisions in Kapil Wadhawan v. CBI (2025) and the Policy Strategy for Grant of Bail (2023), granted bail with strict conditions. The order also directed electronic transmission of the bail order to ensure prompt release.
Issues considered
- Whether the applicant, who was allegedly falsely implicated and not named in the FIR, is entitled to bail despite the nature of the offences.
- Whether the failure to submit the videographic evidence within the stipulated 48‑hour period under Rule 18, BNSS Rules, 2024, affects the bail decision.
- Whether considerations of jail overcrowding and pendency of cases justify granting bail in this circumstance.
Legislation cited
- BNSS Rules, 2024 — s. Rule 18
Subjects
- bail
- false implication
- procedural lapse
- overcrowded jails
- criminal procedure
- Supreme Court precedent
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 6837 of 2026
Baljeet Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Dharmendra Kumar Shukla, Vijay Pratap
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Vijay Pratap Singh, learned counsel for the applicant, Sri Himanshu
Kumar, learned A.G.A. for the State and perused the record.
2. Instant bail application has been filed with a prayer to release the applicant on bail
during the trial in Case Crime No. 510 of 2025, under Sections 305(a), 331(4), 317(2)
BNS, Police Station- Bakhira, District Sant Kabir Nagar.
3. Contention of learned counsel for the applicant is that the applicant was not named
in the FIR. Subsequently on the basis of recovery of Rs. 24,300/- from the pocket of
the applicant as well as one bracelet of yellow metal, he has been falsely implicated
though proceeding of aforesaid recovery has been videographed under Section 105
BNSS but the same has not been properly followed by preparing pen drive of the
videography of the aforesaid recovery and sending the same to the concerned
Magistrate within 48 hours as per Rule 18 of the BNSS Rules, 2024. He lastly
submitted that the applicant has explained the criminal history of five cases in the
accompanying affidavit and he is languishing in jail since 19.01.2026. In case, he is
granted bail, he will not misuse the liberty of bail and would cooperate in the trial
proceedings.
4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but
could not dispute the aforesaid fact.
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 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 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.
BAIL No. 6837 of 2026
2
6. Let the applicant- Baljeet 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. It is made clear that the applicant shall be released on the basis of downloaded copy
of this order 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.
10. It is 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.
11. Office is directed to send a copy of this order to the applicant through concerned
Jail Superintendent via e-mail or e-prison portal 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.
February 24, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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