Dilip Yadav vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Dilip Yadav vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of accused-applicant Dilip Yadav on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions: (1) not to tamper with the evidence; (2) not to indulge in any criminal activity; (3) not to pressurize/intimidate prosecution witnesses and to cooperate in the trial; (4) regular appearance on each and every date fixed by the trial court unless personal appearance is exempted through counsel by the court concerned. On breach of any condition, the court below is at liberty to cancel the bail.

Issue for consideration

Whether accused-applicant Dilip Yadav, implicated in Case Crime No. 178 of 2025 (Police Station Paniyara, District Maharajganj) under Sections 2(30), 317(2), 317(4), 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 3/25, 4/25 Arms Act, should be enlarged on bail under Section 483 BNSS 2023.

Court's answer

Considering all facts and circumstances — the nature of accusations, severity of punishment in the case of conviction, nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case — the Court held that a case for bail is made out, expressly without commenting on the merit of the case.

Ratio / Principle

The bail application was allowed, and accused-applicant Dilip Yadav was directed to be released on bail on executing a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to the conditions set out in the order.

Key takeaways

In the event of breach of any of the aforesaid bail conditions, the court below will be at liberty to proceed to cancel the applicant's bail.ratio¶24

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Ashutosh Srivastava, J.; decided 10 November 2025) allowed the bail application of Dilip Yadav moved under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023, seeking enlargement in Case Crime No. 178 of 2025, Police Station Paniyara, District Maharajganj, registered under Sections 2(30), 317(2), 317(4), 317(5) Bhartiya Nyaya Sanhita, 2023 and Sections 3/25, 4/25 Arms Act. The applicant was in custody since 16.05.2025, claimed innocence and absence of criminal antecedents, and parity was drawn with similarly circumstanced co-accused Pancham Gaur, already enlarged on bail by this Court on 25.06.2025 in Criminal Misc. Bail Application No. 21071 of 2025 — a fact the learned A.G.A. opposed the prayer but could not dispute. Considering the nature of accusations, severity of punishment on conviction, nature of supporting evidence, prima facie case and apprehension of witness tampering, expressly without commenting on merits, the Court directed release on a personal bond with two reliable sureties each, subject to conditions barring evidence-tampering, criminal activity and intimidation of prosecution witnesses and requiring regular trial-court attendance, with liberty to the court below to cancel bail on breach.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 22337 of 2025

Dilip Yadav

.....Applicant(s)

Versus

State of U.P.

	.....Opposite Party(s)
Counsel for Applicant(s)	: Piyush Patel, Pradeep Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 68

HON'BLE ASHUTOSH SRIVASTAVA, J.

Learned counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

Heard Sri Ravi Prakash, Advocate, holding brief of Sri Pradeep Kumar, learned counsel for the applicant, Sri Rajesh Kumar Singh, learned A.G.A for the State-Respondent and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 178 of 2025, under Section 2(30), 317(2), 317(4), 317(5), Bhartiya Nyaya Sanhita, 2023 and Sections 3/25, 4/25 Arms Act, Police Station - Paniyara, District Maharajganj.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 16.05.2025. Learned counsel for the applicant submits that similarly circumstanced co-accused Pancham Gaur, has already been enlarged on bail by this Court on 25.06.2025, in Criminal Misc. Bail Application No. 21071 of 2025 . Copy of the bail order provided by the learned counsel for the applicant is taken on record. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid coaccused has already been granted bail by this Court.

Considering all above facts and circumstances, the nature of accusations,

BAIL No. 22337 of 2025

2

severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Dilip 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:

The applicant will not tamper with the evidence.

The applicant will not indulge in any criminal activity.

The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

November 10, 2025 Vinod.

(Ashutosh Srivastava, J.)

Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad