Ravindra Kumar Yadav vs State Of U.P. Thru. Prin. Secy. Home Lko.
- Neutral2026:AHC-LKO:32465
Ratio decidendi
The rule this decision rests on
A person accused of offences triable by the Magistrate may be enlarged on bail where the applicant has no criminal history, has been in custody for a significant period, and the FIR lacks specificity regarding the date, time and place of the alleged incident, even without entering into the merits of the case. The trial court or concerned court retains power to impose such additional conditions on bail as it may deem fit and proper in the circumstances of the case, beyond those specified by the appellate court. Observations made by an appellate court in granting bail are confined to the bail application and have no bearing on the merits of the trial.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
HON'BLE RAJEEV BHARTI, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
2. This is first bail application filed on behalf of the applicant who is involved in FIR/Case Crime No.0153/2026, under Sections 317(2), 318(4) B.N.S., Police Station- P.G.I., District- Lucknow.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that from a perusal of FIR, it transpires that no date, time or place of incident is mentioned in the FIR. There is no independent witness of the alleged recovery and offences are triable by Magistrate. He further submits that the applicant is having no previous criminal history and he is in jail since 21.03.2026. It is further submitted that there is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Hence, the applicant may be granted bail.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
5. On due consideration to the facts that the applicant is languishing in jail since 21.03.2026 having no criminal history; the FIR is silent about date, time of place of incident; the offences are triable by the Magistrate and without entering into the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail.
6. Accordingly, the bail application is allowed.
7. Let the applicant Ravindra Kumar Yadav be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.
Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.
8. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.
(Rajeev Bharti,J.)
May 6, 2026
Anand/-
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