Arendra Yadav vs State Of U.P.
- Neutral2026:AHC:105047
Ratio decidendi
The rule this decision rests on
Where an accused person was not named in the FIR and was implicated only after a considerable lapse of time, has been in custody since a recent date, is not a previous convict, and co-accused persons have already been granted bail, a prima facie case for grant of bail is made out on consideration of the entire facts and circumstances, without expressing any opinion on the merits of the case. A bail order may be executed on the basis of a computer-generated copy downloaded from the official website of the High Court, verified by counsel with an undertaking to file a certified copy within fifteen days, and the trial court shall transmit such order through the Bail Order Management System to facilitate prompt release. Upon breach of any condition of bail, the trial court has the liberty to cancel the bail.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
Abhishek Ankur Chaurasia, Diwan Saifullah Khan, Noor Muhammad, Yogesh Kumar Srivastava
Counsel for Opposite Party(s)
:
G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 642 of 2022, under Sections 147, 188, 307, 504, 506, 120B of the I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station- Kasganj, District- Kasganj, during the pendency of the trial.
3. The learned counsel for the applicant contends that the applicant has been falsely implicated in the present case. Learned counsel further contends that the First Information Report (FIR) has been lodged against four named accused persons and about 50 unknown persons. This is a no injury case and no one has received any injury in the said case. The co-accused Kuldeep Pandey and Ashish Pandey, who were named in the FIR, have been granted regular bail by this Court in Bail Application Nos.40141 of 2025 and 40058 of 2025 respectively. Kuldeep Pandey had twenty-eight cases to his credit and Ashish Pandey had thirty-five cases to his credit. The applicant has only fifteen cases to his credit.
4. The learned A.G.A. has opposed the prayer for bail, however, could not dispute the explanation given by the applicant of the criminal antecedents as also the fact that the similarly situated co-accused have been granted bail by this Court.
5. I have considered the submissions made by the learned counsel for the parties.
6. The applicant is in jail since 20.02.2026. He was not named in the FIR and his name has been supposedly disclosed after three years of the incident. The named accused, Kuldeep Pandey and Ashish Pandey, have been granted bail by this Court. The criminal history of the applicant is duly explained and he is not a previous convict.
7. Taking into considering the entire facts and circumstances of the case and without expressing any opinion on the merits of the case, a prima facie case for grant of bail is made out.
8. Let the applicant - Arendra 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, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the trial Court, unless his personal appearance is exempted by the Court concerned.
9. In the event of breach of any of the aforesaid conditions, the Court below will be at liberty to proceed to cancel his/her bail.
10. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded 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.
11. It is further 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.
(Rajiv Lochan Shukla,J.)
May 6, 2026
Kushal
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