SHIVRAJ SINGH YADAVversusSTATE OF U.P. AND 3 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9214 of 2026

Shivraj Singh Yadav
                                                           .....Applicant(s)
                                  Versus

State Of U.P. And 3 Others
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)           :   Hukum Singh, Puneet Bhadauria
Counsel for Opposite Party(s)      :   G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.346 of 2025, under Sections 74, 351(3) of
BNS and Section 9m/10 POCSO Act, Police Station- Bharthana, District
Etawah, with a prayer to enlarge him on anticipatory bail as the applicant
apprehends his arrest in the above-mentioned case.

3. Learned counsel for the applicant has contended that the applicant is an
old man, aged about 85 years, and has been falsely nominated in the
present case. The offences in question, in the event of conviction, do not
entail a punishment of more than seven years. Learned counsel has further
submitted that although the offence alleged against the applicant is
molesting a seven-year-old child, the applicant, being an 85-year-old man,
is incapable of committing sexual assault.

4. Learned counsel for the High Court Legal Services Committee, Ms.
Priyadarshini Shandilya and learned AGA have opposed the prayer for
bail and have contended that the applicant is the solitary accused in the
present case. Specific allegations have been made by the victim in her
statement recorded during investigation. Learned counsel, however, does
not dispute the old age of the applicant.

5. I have considered the submissions made by learned counsel for the
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                                2


parties.

6. The charge-sheet has already been filed in the present case. The
applicant is an old man, aged about 85 years. In the prima facie opinion of
the Court, the applicant is no longer required for any custodial
interrogation.

7. Taking into consideration the old age of the applicant, who is also
stated to be also medically unfit, I deem it fit to grant anticipatory bail to
the applicant.

8. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.

9. In view of the above, the anticipatory bail application of the applicant
is allowed.

10. In the event of the arrest of the applicant Shivraj Singh Yadav, he
shall be released forthwith in the aforesaid case crime on anticipatory bail
on furnishing a personal bond and surety each in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-

i. the applicant shall make himself available for interrogation by a police
officer as and when required;

ii. that 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;

iii. that the applicant shall not leave India without the previous permission
of the Court;

iv. that the applicant shall not pressurize/intimidate the prosecution
witness;

11. In case of breach of any of the above conditions, the Court concerned
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                                                                     3


                                    shall be at liberty to cancel the bail.

                                    12. It is made clear that observations made hereinabove are exclusively
                                    for deciding the instant anticipatory bail application and are not to be
                                    considered to be an opinion on the merits of the case.




                                                                                  (Rajiv Lochan Shukla,J.)
                                    September 16, 2026
                                    S.A.




Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad