Jayram Yadav vs State Of U.P.
- Neutral2026:AHC:104444
Ratio decidendi
The rule this decision rests on
In granting bail to an accused person, the court may have regard to the absence of criminal antecedents, the period of detention already undergone, and the nature of injuries sustained by the injured party, without expressing any opinion on the merits of the case. Where bail is granted, breach of the conditions imposed may be visited with cancellation of bail by the court concerned.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. Shri Anand Prakash Srivastava, Advocate has filed his Vakalatnama in Court today, which is taken on teh record.
2. Heard Shri Surya Pratap Singh, Advocate holding the brief of Shri Anurag Yadav, Learned counsel for the applicant, Learned A.G.A. for the State, Shri Anand Kumar Srivastava, Learned counsel for the informant and perused the record.
3. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.375 of 2025, under Sections 109(1), 115(2), 351(3), 352 BNS, Police Station Atraulia, District Azamgarh.
4. Learned counsel for the applicant states that the applicant has been falsely implicated in the present case. The applicant has no criminal antecedents. Three persons are said to have assaulted the injured, who has received a single injury. Out of the said three persons, two persons viz. Rajesh Kumar and the wife of the applicant are said to have caught hold the victim and the applicant is said to have hit him using a sharp-edged weapon (Baka). He contends that the medical examination reports of the injured, including the CT Scan of the head, do not show any bony injury and there is no opinion of the doctor indicating that the injury may be dangerous to life. The applicant is in jail since 13.03.2026. A chargesheet has already been filed. The applicant will co-operate with the trial and will not seek any unnecessary adjournment and undertakes not to intimidate the witnesses or tamper with the evidence.
5. Learned counsel for the informant and Learned AGA have opposed the prayer for bail and have contended that the medical examination done at Icon Hospital, Jankipuram, Lucknow clearly indicates that there is loss of power in all four limbs due to the injury sustained by the injured. They contend that the injury is grievous in nature and was inflicted on a vital part of the body with the intent to kill. The offence is clearly made out and no indulgence may be granted to the applicant.
6. I have considered the submissions made by Learned counsels for the parties.
7. The medical examination report of the victim indicates that he has suffered injuries due to the alleged assault made by the applicant. However, there is no medical opinion to indicate that the injury sustained by the victim was dangerous to life. There was no repeated blow and only a single injury said to have been inflicted by the applicant. The applicant is in jail since 13.03.2026. A chargesheet has also been filed against the applicant and he is no longer required for any custodial interrogation or recoveries. The recovery of a Baka, which has been made on the supposed pointing out of the applicant, is not supported by any independent witness.
8. Taking into consideration the entire facts and circumstances of the case, the lack of criminal antecedents of the applicant, the period of detention and the nature of injuries sustained by the injured, without expressing any opinion on the merits of the case, I find it appropriate to enlarge the applicant on bail.
9. The bail application is allowed.
10. Let the accused-applicant, Jayram Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable 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.
11. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail.
12. 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.
13. 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
A. Pandey
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