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2026 DAILYLAW 343 (ALL)

BALJEET YADAV v. STATE OF U.P.

BAIL/6837/2026 · 2026-02-23

Arun Kumar Singh Deshwal

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 6837 of 2026 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Vijay Pratap Singh, learned counsel for the applicant, Sri Himanshu Kumar, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 510 of 2025, under Sections 305(a), 331(4), 317(2) BNS, Police Station- Bakhira, District Sant Kabir Nagar. 3. Contention of learned counsel for the applicant is that the applicant was not named in the FIR. Subsequently on the basis of recovery of Rs. 24,300/- from the pocket of the applicant as well as one bracelet of yellow metal, he has been falsely implicated though proceeding of aforesaid recovery has been videographed under Section 105 BNSS but the same has not been properly followed by preparing pen drive of the videography of the aforesaid recovery and sending the same to the concerned Magistrate within 48 hours as per Rule 18 of the BNSS Rules, 2024. He lastly submitted that the applicant has explained the criminal history of five cases in the accompanying affidavit and he is languishing in jail since 19.01.2026. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid fact. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and taking into account overcrowded jails and heavy pendency of criminal cases before the trial courts as well as considering the mandate of the judgement of the Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC Online SC 3038 and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. Versus Counsel for Applicant(s) : Dharmendra Kumar Shukla, Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Baljeet Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) 6. Let the applicant- Baljeet 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, with the following conditions:- i. 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 or tamper with the evidence. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that the applicant shall be released on the basis of downloaded copy of this order 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. 10. It is 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. 11. Office is directed to send a copy of this order to the applicant through concerned Jail Superintendent via e-mail or e-prison portal in compliance of the order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024) 10 SCC 685. February 24, 2026 A.Kr. BAIL No. 6837 of 2026 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad