Vikas Yadav vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

Vikas Yadav vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Applicant Vikas Yadav 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 (sureties to be verified before release order), subject to conditions that he shall not tamper with evidence, shall not pressurise/intimidate prosecution witnesses, and shall appear before the trial court on dates fixed; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Vikas Yadav, involved in Case Crime No. 239 of 2024 under Sections 191(2), 191(3), 190, 351(3), 352, 109(1), 115(2), 324(2), 103(1) B.N.S., is entitled to bail during the pendency of trial on the ground of parity with co-accused Lavkush Yadav, who has already been enlarged on bail. +1 more

Court's answer

Considering the facts and circumstances, and in light of the cited precedents, and noting that the parity with co-accused Lavkush Yadav was not disputed by the learned A.G.A., the applicant has made out a case for bail; the bail application is allowed on the ground of parity.

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, with sureties to be verified before the release order, subject to conditions: (i) not tampering with evidence during trial; (ii) not pressurising/intimidating prosecution witnesses; (iii) appearing before the trial court on dates fixed; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

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.obiter¶23

Detailed headnote1 paragraphs

Allahabad High Court (Krishan Pahal, J.) allowed the bail application of Vikas Yadav in Case Crime No. 239 of 2024 (Sections 191(2), 191(3), 190, 351(3), 352, 109(1), 115(2), 324(2), 103(1) B.N.S., P.S. Utraon, District Prayagraj) on the ground of parity: co-accused Lavkush Yadav, whose role was identical, had already been enlarged on bail by this Court on 13.10.2025 in Criminal Misc. Bail Application No. 31411 of 2025, a fact not disputed by the learned A.G.A.; the applicant's criminal history stood explained and he was in jail since 02.11.2024. Relying on Prabhakar Tewari (2020) 11 SCC 648, Nanha (1993 Crl.L.J. 938), Paras Ram Vishnoi (MANU/SCOR/22410/2021) and Satender Kumar Antil (2022) 10 SCC 51, the Court directed release on a personal bond with two sureties, subject to conditions (no tampering with evidence, no pressurising/intimidating prosecution witnesses, appearance before the trial court), breach being a ground for cancellation; observations in the bail order were not to affect the trial Judge's independent opinion.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 40376 of 2025

Vikas Yadav

.....Applicant(s)

	Versus
State of U.P.			.....Opposite Party(s)
Counsel for Applicant(s)	: Nitin Uttam	Sharma, Kumar	Parmeshwar Yadav,
Counsel for Opposite Party(s)	: G.A.

Court No. - 67

HON'BLE KRISHAN PAHAL, J.

List has been revised.

Supplementary affidavit filed today is taken on record.

Heard Sri Uttam Kumar, learned counsel for the applicant, Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

Applicant seeks bail in Case Crime No.239 of 2024, under Sections 191(2), 191(3), 190, 351(3), 352, 109(1), 115(2), 324(2), 103(1) B.N.S., Police Station Utraon, District Prayagraj, during the pendency of trial.

It is submitted by learned counsel for the applicant that similarly placed co-accused person Lavkush Yadav has already been enlarged on bail by this Court vide order dated 13.10.2025 passed in Criminal Misc. Bail Application No.31411 of 2025, as such, since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The criminal history assigned to the applicant stands explained. He is languishing in jail since 02.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail.

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the parity to the co-accused has not been disputed by him.

BAIL No. 40376 of 2025

2

The Supreme Court in Prabhakar Tewari vs. State of U.P. And Another, (2020) 11 SCC 648 has observed that pendency of several criminal cases against an accused itself cannot be a basis for refusal of bail, if otherwise his case for bail is made out.

Considering the facts and circumstances of the case and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgements passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 and in Satender Kumar Antil vs. Central Bureau of Investigation and Another , (2022) 10 SCC 51 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed on the ground of parity.

Let the applicant- Vikas 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.

(i) The applicant shall not tamper with evidence during trial.

(ii) The applicant shall not pressurise/intimidate with the prosecution witnesses.

(iii) The applicant shall appear before the trial court on the date fixed.

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

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.

(Krishan Pahal,J.)

December 2, 2025

(Ravi Kant)

Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad