VISHAL YADAVversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL REVISION No. - 1073 of 2026

Vishal Yadav
                                                             .....Revisionist(s)
                                   Versus
State of U.P. and Another
                                                                  .....Opposite
                                                                        Party(s)

Counsel for Revisionist(s)    : Neeraj Kumar Yadav, Dharmendra
                                Kumar Mishra, Rohit Kumar Sharma
Counsel for Opposite Party(s) : G.A.

Court No. - 87
                     HON'BLE ABDUL SHAHID, J.

1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the revisionist and learned A.G.A. for the State.

3. The present criminal revision has been filed by the revisionist against the
impugned order dated 11.12.2025 passed by the learned court of Chief
Judicial Magistrate, Bulandshahar in Criminal Case No. 9319 of 2025 (State
Vs Vishal Yadav), whereby the learned court of Chief Judicial Magistrate,
Bulandshahar has rejected the discharge application of the Revisionist,
rejecting the request to discharge from the offence Under Sections 74,
351(2), 70(1) of B.N.S. in Case Crime No. 58 of 2025, related to Police
Station Ramghat, District Bulandshahar.

4. The present criminal revision has been filed by the revisionist against the
order dated 11.12.2025. Learned trial court has passed order that the
application filed by the accused under section 252 B.N.S.S. is hereby
rejected. The accused/Vishal Yadav has not obtained the bail in the said
matter and he is not appearing before the court, hence there is no possibility
of the proceedings of the case further. Hence, the file of the accused/Vishal
Yadav be separated from the accused/Devdatt as per law. The proceedings
against the accused Vishal Yadav shall continue in terms of the earlier orders
passed. The present criminal revision has been filed by the accused Vishal
Yadav
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5. Learned counsel for the revisionist has relied upon the order dated
30.10.2025 passed by this Court in an application under Section 528
B.N.S.S. No. 34657 of 2025 (Vishal Yadav vs. State of U.P. and another).
The revisionist, Vishal Yadav, had filed the said application seeking
quashing of the entire proceedings, including the impugned charge-sheet
dated 28.06.2025 as well as the cognizance/summoning order dated
02.08.2025 passed by the learned Chief Judicial Magistrate, Bulandshahar,
in Case No. 9319 of 2025 (State vs. Vishal Yadav and another), arising out
of Case Crime No. 58 of 2025, under Sections 74, 351(2), and 70(1) of the
B.N.S., Police Station Ramghat, District Bulandshahar, pending before the
learned Chief Judicial Magistrate, Bulandshahar. The Court declined the
prayer for quashing. However, it further observed as follows:

"However, in the interest of justice, it is provided that in case the applicant
moves an application for discharge at an appropriate stage through counsel
within 30 days, the same shall be disposed of by the Trial Court by a
reasoned and speaking order in accordance with law within two weeks
thereafter. For a period of 30 days or till the disposal of the discharge
application, whichever is earlier, no coercive measures shall be taken
against the applicant in the aforesaid case. With the aforesaid direction, this
application is disposed of."

6. The learned trial court considered the discharge application and passed a
reasoned and speaking order. As per the F.I.R., the incident is dated
28.03.2025 at about 15:30 hours, and allegations have been made against
accused Dev and Vishal Yadav that they came to the house of the
complainant. The co-accused Dev is a resident of village Nagla Gardi,
whereas the applicant is a resident of village Jargawa. It was contended that
the applicant has no shop and never visits the shop of Dev. The learned trial
court observed that the applicant has taken a plea of alibi. However, such a
plea cannot be adjudicated at the stage of discharge. At the stage of
discharge, the trial court is required to examine whether, on the basis of the
prosecution evidence, a prima facie case is made out against the accused or
not. The correctness or truthfulness of the defence evidence cannot be
examined at this stage. Appreciation of medical evidence or conducting a
mini-trial is not permissible at the stage of discharge.

7. The learned trial court has passed a reasoned and speaking order. Hence,
there is neither any illegality nor any irregularity in the impugned order.
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                                    8. The criminal revision is liable to be dismissed and it is dismissed
                                    accordingly.

                                    February 26, 2026
                                    K.K. Maurya
                                                                                        (Abdul Shahid,J.)




Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad