Allahabad High Court
CHHOTE LAL YADAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The bail application was dismissed as it lacked merit.
Summary
Chhote Lal Yadav applied for bail for a case (Crime No.681 of 2024) involving offences under Sections 80(2), 85, 351(3) of the B.N.S. and Sections 3 and 4 of the D.P. Act. This was his second bail application after a prior rejection. The applicant argued that witness statements were contradictory, the informant sought ransom, and he had been incarcerated for over a year without a direction for early trial disposal. The State opposed bail, emphasizing the seriousness of the charges. The Court found no merit in the bail plea, noting the contradictions did not establish a right to bail, and consequently rejected the application, while directing that the trial be expedited in line with recent Supreme Court judgments.
Issues considered
- Whether the contradictions in witness statements and the applicant's cooperation justify granting bail.
- Whether the length of pre‑trial detention and the nature of the offences warrant bail.
- Whether there is a risk of the applicant misusing liberty or interfering with the trial.
Legislation cited
Subjects
- bail
- pre‑trial detention
- witness contradictions
- expeditious trial
- Criminal Procedure Code
- B.N.S.
- D.P. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9236 of 2026
Chhote Lal Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Pratibha Jaiswal
Counsel for Opposite Party(s) : G.A., Saurabh Kumar
Court No. - 66
(Sr. No.7 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Ms. Pratibha Jaiswal, learned counsel for the applicant, Sri Saurabh
Kumar, learned counsel for the informant, Sri Sunil Kumar, learned A.G.A.
for the State and perused the material placed on record.
3. This is the second bail application on behalf of the applicant. The first one
was rejected by this Court vide order dated 06.08.2025 passed in Criminal
Misc. Bail Application No.24991 of 2025.
4. Applicant seeks bail in Case Crime No.681 of 2024, under Sections 80(2),
85, 351(3) B.N.S. and Section 3/4 D.P. Act, Police Station Robertsganj,
District Sonbhadra, during the pendency of trial.
5. Learned counsel for the applicant has stated that there are several
contradictions in the statements of the witnesses. The informant was
adamant about extracting ransom from the applicant and his family members
on the date of the incident. The witnesses have not supported the prosecution
story during their cross-examination. The order of the Supreme Court was
filed in court by counsel for the applicant on 27.05.2025, and there is no
direction for early disposal of the trial. The applicant is in jail since
13.11.2024, as such, the period of incarceration is about one year and four
months. He is ready to cooperate with trial. In case, he is released on bail, he
will not misuse the liberty of bail.
BAIL No. 9236 of 2026
2
6. Per contra, learned counsel for the informant and learned A.G.A. have
vehemently opposed the bail application.
7. After hearing learned counsel for the parties and taking into consideration
that, except for a few contradictory statements of the witnesses, there is
nothing on record to suggest that the applicant has made out a case for bail, I
do not find it a fit case for grant of bail to the applicant. The bail application
is found devoid of merits and is, accordingly, rejected.
8. However, it is directed that the aforesaid case pending before the trial
court be decided expeditiously as early as possible in view of the principle as
has been laid down in the recent judgments of the Supreme Court in the
cases of Vinod Kumar vs. State of Punjab; 2015 (3) SCC 220 and Hussain
and Another vs. Union of India; (2017) 5 SCC 702, if there is no legal
impediment.
9. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
(Krishan Pahal,J.)
March 19, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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