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2026 DAILYLAW 1273 (ALL)

AJEET YADAV v. STATE OF U.P.

BAIL/8658/2026 · 2026-04-07

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 8658 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Amar Nath Tiwari and Shri B.L. Shukla, learned counsel for the applicant, Shri Mayank Upadhyaya Advocate, holding brief of Shri Shiv Sagar Singh, learned counsel for the first informant and Shri Rajesh Kumar Singh, learned A.G.A. for the State respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant, Ajeet Yadav, seeking enlargement on bail in Case Crime No. 611 of 2025, under Sections 109, 191 (2), 333, 115 (2), 352, 351 (3) B.N.S., Police Station-Bansgaon, District-Gorakhpur. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in the present case and is languishing in jail since 24.11.2025. The allegations made in the First Information Report are false and fabricated. First Information Report was lodged by one Shri Vijay Pratap Singh, against 7 named accused persons including the applicant with the allegation that on the date of incident all the accused persons including the applicant, assaulted the brother of the first informant namely Virendra and when he fled away from the spot, all the accused persons came to the house of the first informant and assaulted the family members of the first informant with Danda, Hockey, Spade and some other sharp edged weapon with an intention to kill them in which one Arti W/o Arjun, Mamta W/o Manoj, father of the first informant namely Kunjbihari, Kailash S/o Ramsakal, Meena, mother of the first informant namely Nirmala Devi and Rajpati W/o Late Harbansh sustained severe injuries. Learned counsel for the applicant submits that only general allegations levelled against the applicant. No specific role has been assigned to the applicant. Learned counsel for the applicant further submits that nothing has been recovered from the possession or pointing out of the applicant. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering Versus Counsel for Applicant(s) : Amar Nath Tiwari, Brij Lal Shukla Counsel for Opposite Party(s) : G.A., Shiv Sagar Singh Ajeet Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) with evidence in case of release on bail. Hence, bail has been prayed for. Shri Mayank Upadhyaya Advocate, holding brief of Shri Shiv Sagar Singh, learned counsel for the first informant and Shri Rajesh Kumar Singh, learned A.G.A. vehemently opposed the bail application of the applicant stating that the the applicant and other co-accused persons beat up all the injured persons in which they have sustained severe injuries. They further submit that the injured Arti, who has sustained severe injury over her head, in her statement has specifically assigned the role of giving blow over her head to the applicant and one other co-accused Akash Yadav. Similarly, injured Kunj Bihari Yadav, has specifically assigned the role of attacking with hockey to his son Virendra, to the applicant, in which he sustained severe injuries hence the applicant is not entitled for bail and his bail application is liable to be rejected. Considering the aforesaid submissions made by learned counsel for the first informant and learned AGA, statements of the injured, heinousness of crime but without expressing any final opinion about these submissions and merit of the case, the applicant does not deserve to be enlarge on bail, accordingly, this Bail Application stands rejected. April 8, 2026 Ravi/Deepak/ BAIL No. 8658 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad