Allowed¶8

Ram Ashish Yadav v. State of U.P.

Allahabad HC21 Jul 2025BAIL/15733/2025

Case brief

AI extract

What is this about?

Bail granted; Allahabad High Court; Court No. 65; Justice Krishan Pahal; neutral citation 2025:AHC:119918; CRIMINAL MISC. BAIL APPLICATION 15733 of 2025; Case Crime No. 891 of 2024; Sections 118(1) 351(3) 352 109 BNS; Section 4/5 Arms Act; P.S. Khalilabad; District Sant Kabit Nagar; stabbing/knife injuries 19.11.2024; FIR delay nine hours; FIR initially under Section 118(1) BNS only; no criminal history; in jail since 21.11.2024; personal bond and two sureties; bail conditions; breach cancels bail; trial judge independent opinion disclaimer.

What did the court decide?

Bail allowed; applicant Ram Ashish Yadav to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuance of the release order, subject to conditions (i)-(iii).

Ram Ashish Yadav Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant, Ram Ashish Yadav, charged in Case Crime No. 891 of 2024 under Sections 118(1), 351(3), 352, 109 BNS and Section 4/5 of Arms Act (P.S. Khalilabad, District Sant Kabit Nagar), is entitled to be released on bail during the pendency of trial.

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Court's answer

In allowing bail, the Court took into consideration the delay in institution of the FIR, the fact that the FIR was initially instituted under Section 118(1) BNS only, and that the applicant had no criminal history to his credit, without expressing any opinion on the merits of the case.

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Ratio / Principle

The Court concluded that the applicant had made out a case for bail and allowed the bail application.

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Key takeaways

Release on bail is subject to conditions: the applicant shall not tamper with evidence during trial, shall not pressurize/intimidate prosecution witnesses, and shall appear before the trial court on the date fixed; breach of any condition shall be a ground for cancellation of bail.ratio¶9
The Court clarified that the observations made in granting bail shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶10

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 65), single bench of Justice Krishan Pahal (neutral citation 2025:AHC:119918; order dated 22.7.2025), allowed the bail application of Ram Ashish Yadav (CRIMINAL MISC. BAIL APPLICATION No. 15733 of 2025) in Case Crime No. 891 of 2024 under Sections 118(1), 351(3), 352, 109 BNS and Section 4/5 of Arms Act, P.S. Khalilabad, District Sant Kabit Nagar, arising from the alleged stabbing of the informant's son on 19.11.2024 at about 09:00 AM. Weighed in favour of bail: delay in institution of the FIR (nine hours, per counsel, unexplained), the FIR having been initially instituted under Section 118(1) BNS only, and absence of any criminal history; custody since 21.11.2024. Release ordered on personal bond and two sureties (to be verified), subject to conditions against tampering with evidence, pressurizing/intimidating prosecution witnesses, and mandatory appearance before the trial court, breach being ground for cancellation. Opinion on merits withheld; court expressly disclaimed any effect of its observations on the trial judge's independent assessment.

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Neutral Citation No. - 2025:AHC:119918

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Court No. - 65

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15733 of 2025

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Applicant :- Ram Ashish Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Hanuman Deen Verma Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Sri Hanuman Deen Verma, learned counsel for the applicant, Sri Arun Kumar Sharma, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 891 of 2024, under Sections 118(1), 351(3), 352, 109 BNS and Section 4/5 of Arms Act, Police Station- Khalilabad, District- Sant Kabit Nagar, during the pendency of trial.

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As per prosecution case, applicant is stated to have assault the son of the informant on 19.11.2024 at about 09:00 AM causing stab injuries to him by knife.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The FIR is delayed by nine hours and there is no explanation to the said delay caused. Nature of injuries was not mentioned by the Doctor, although, subsequently in his statement, he has stated that they were grievous in nature and the said injuries were dangerous to the life of victim. The said allegations are, per se, false. Situs of the injuries indicates that they were not on vital part of the body of the injured person. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 21.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application on the ground that the said stabs were grievous in nature, as such, applicant is not entitled for bail.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the

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evidence on record, and taking into consideration the delay in institution of FIR coupled with the fact that FIR was initially instituted under Section 118(1) BNS only and applicant having no criminal history to his credit and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Ram Ashish Yadav , who is involved in aforementioned case 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 following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 22.7.2025 Karan

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(Justice Krishan Pahal)

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Digitally signed by :- KARAN KUMAR RAO High Court of Judicature at Allahabad

Ram Ashish Yadav v. State of U.P.

Case brief

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Ram Ashish Yadav v. State of U.P.

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