Kundan Yadav Alias Ankit Yadav Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Kundan Yadav Alias Ankit Yadav Vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the applicant on bail during the trial in Case Crime No. 104 of 2025 upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the four conditions stated in the order; breach of conditions to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant, Kundan Yadav alias Ankit Yadav, facing trial in Case Crime No. 104 of 2025 (P.S. Salempur, District Deoria) under Sections 191(2), 115(2), 352, 126(2), 281, 109(1) of the BNS, is entitled to be enlarged on bail during the trial, in view of the parity sought with co-accused already released, general role/simple injuries as contended, absence of criminal history, custody since 27.05.2025 and submission of the charge sheet.

Court's answer

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 and complicity of accused, and without expressing any opinion on the merits of the case, the applicant is entitled to be enlarged on bail.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure or tamper with evidence; (ii) sincere cooperation in trial/investigation without seeking adjournment; (iii) no indulgence in criminal activity or commission of any crime after release; and (iv) attendance in accordance with the conditions of the executed bond.

Key takeaways

Breach of any of the imposed conditions shall be a ground for cancellation of bail.ratio¶¶20
Identity, status and residence proof of the applicant and the sureties are to be verified by the court concerned before the bonds are accepted.ratio¶¶21

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Arun Kumar Singh Deshwal, J.), in Criminal Misc. Bail Application No. - 31367 of 2025 (decided October 14, 2025), allowed the bail application of Kundan Yadav alias Ankit Yadav, sought to be released on bail during the trial in Case Crime No. 104 of 2025, under Sections 191(2), 115(2), 352, 126(2), 281, 109(1) of the BNS, Police Station- Salempur, District Deoria. Counsel for the applicant had contended a general role with simple injuries, parity with co-accused Dhruv Kumar Srivastava, Piyush Dubey @ Ashwini Dubey and Seraj Ansari already enlarged on bail by a coordinate Bench (Bail Application Nos. 26480 of 2025 dt. 01.08.2025, 29833 of 2025 dt. 08.09.2025, 28507 of 2025 dt. 22.08.2025), no specific role for causing firearm injury, no criminal history, custody since 27.05.2025 and submission of the charge sheet; the A.G.A. opposed but could not dispute the aforesaid facts. Without expressing any opinion on merits, and considering the nature of offence, evidence and complicity of accused, the applicant was held entitled to bail and ordered released on a personal bond and two sureties each in the like amount, subject to conditions against tampering/dissuasion, requiring cooperation without adjournments, abstention from criminal activity, and attendance per the bond; breach of conditions is a ground for cancellation, and identity, status and residence proof of applicant and sureties is to be verified before acceptance of bonds.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 31367 of 2025

Kundan Yadav Alias Ankit Yadav

.....Applicant(s)

Versus

State of U.P.	.....Opposite Party(s)
Counsel for Applicant(s)	: Mahesh Kumar
Counsel for Opposite Party(s)	: G.A.

Court No. - 69

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard Sri Mahesh Kumar, learned counsel for the applicant, Sri Ram Kumar Verma, learned A.G.A. for the State and perused the record.

Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 104 of 2025, under Sections 191(2), 115(2), 352, 126(2), 281, 109(1) of the BNS, Police Station- Salempur, District Deoria.

Contention of learned counsel for the applicant is that all the accused except Krishna have been assigned the general role in the FIR as well as the statement of the injured. It is further submitted that all the injuries are simple in nature and co-accused Dhruv Kumar Srivastava, Piyush Dubey @ Ashwini Dubey and Seraj Ansari have already been enlarged on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application No.26480 of 2025 vide order dated 01.08.2025, Criminal Misc. Bail Application No.29833 of 2025 vide order dated 08.09.2025 and Criminal Misc. Bail Application No.28507 of 2025 vide order dated 22.08.2025 respectively. Therefore, he is seeking parity of the orders aforesaid. It is further submitted that no specific role has been assigned to the applicant for causing any firearm injury to the injured. The applicant has no criminal history and he is languishing in jail since 27.05.2025. The charge sheet has already been submitted by the police, therefore, there is no requirement for custodial interrogation, therefore, he is entitled to be enlarged on bail. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.

BAIL No. 31367 of 2025

2

Per contra, learned A.G.A. for the State opposed the prayer for bail but could not dispute the aforesaid facts.

Thus, 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 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.

Let the applicant- Kundan Yadav Alias Ankit 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.

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

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

October 14, 2025 Imtiyaz

(Arun Kumar Singh Deshwal,J.)

Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad