Allahabad High Court
VIKAS YADAVversusSTATE OF U.P.
- Decided
Holding
Because the prosecution presented a specific allegation supported by multiple eyewitnesses that the applicant fired the double‑barrel gun causing death, the court held that bail could not be granted at this stage.
Summary
The applicant, a 19‑year‑old student, was charged under Section 103(1) CrPC for firing a double‑barrel gun that killed a deceased during a scuffle, as alleged by the prosecution and corroborated by several eyewitnesses. The applicant claimed he was falsely implicated, arguing the shooting was accidental celebratory fire and that he has no prior criminal record. The State opposed bail, emphasizing the specific allegation and the recovery of the weapon from a co‑accused’s house. The court, after considering the evidence and the seriousness of the charge, declined to grant bail, noting the strong prima facie case against the applicant. However, the court directed jail authorities to facilitate the applicant’s attendance at his upcoming pharmacy examinations.
Issues considered
- Whether bail can be granted to the accused under Section 103(1) CrPC given the specific allegation and eyewitness testimony of homicide.
- Whether the applicant’s age, lack of criminal history, and student status justify bail.
- Whether the applicant’s need to appear for examinations impacts the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 103(1)
Subjects
- bail
- homicide
- firearm
- minor
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9813 of 2026
Vikas Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Rajeev Kumar Singh Parmar
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Rajeev Kumar Singh Parmar, learned counsel for the applicant, Sri
Rakesh Kumar Mishra, 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. 400 of 2025, under Sections 103(1) BNS, Police
Station- Kamalganj, District Farrukhabad.
3. As per prosecution story, on 05.12.2025 at 8.00 a.m. deceased went to attend the
feast organised at the house of one Ram Avatar son of Rakesh wherein scuffling took
place between the co-accused Golu and deceased thereafter co-accused Golu brought
licensee double barrel gun from his house and exhorted the present applicant to fire
upon the deceased. Thereafter the present applicant from double barrel gun of Golu
fired upon the deceased which resulted into his death. Several eye witnesses also
supported the aforesaid incident of firing by present applicant upon the deceased.
Thereafter such double barrel gun was also recovered from the house of co-accused
Golu.
4. Learned counsel for the applicant submitted that the applicant has been falsely
implicated because it was celebratory firing which accidentally hit the deceased. It is
further submitted that the applicant is 19 years old boy having no criminal history. The
applicant is languishing in jail since 10.12.2025. In case, he is granted bail, he will not
misuse the liberty of bail and would cooperate in the trial proceedings.
5. On the other hand, learned counsel for the first informant and learned A.G.A. for
the State vehemently opposed the prayer for bail and submitted that there is specific
allegation against the applicant for firing upon the deceased with double barrel gun of
co-accused, who is grand father of the applicant which was subsequently recovered
from the house of Golu and aforesaid incident was witnessed by several persons,
therefore, the applicant is not entitled to be released on bail.
6. Considering the submissions of learned counsel for the parties and taking into
BAIL No. 9813 of 2026
2
account the fact that there is specific allegation against the applicant for firing upon
the deceased and several witnesses have seen the the applicant firing upon the
deceased which resulted in his death; coupled with the fact that fire arm was also
recovered from the house of co-accused Golu, therefore, this Court is not inclined to
grant bail to the applicant, at this stage.
7. Accordingly, the present bail application is rejected.
8. However, considering the submission of learned counsel for the applicant that the
applicant is student of B. Pharma and his sixth semester exam is scheduled from
19.05.2026 to 08.06.2026. Therefore, jail authority shall provide facilities for him to
appear in the said examination.
April 20, 2026
A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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