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

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

What the court decided

AI extract

Outcome

Bail granted to accused-applicant Shravan Yadav in Case Crime No. 14 of 2025 on execution of a personal bond and two reliable sureties each, in the like amount, to the satisfaction of the court concerned, subject to four conditions (no tampering with evidence; no criminal activity; no pressurising/intimidating prosecution witnesses and cooperation in trial; regular appearance on dates fixed by the trial court), with liberty to the court below to cancel bail on breach; Registrar (Compliance) directed to send copy of the order to the Director General of Police and Director General (Prosecution).

Issue for consideration

Whether the accused-applicant Shravan Yadav, involved in Case Crime No. 14 of 2025 under Sections 61(2), 319(2), 318(4), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6/10 of U.P. Public Examination Act, 1998, should be enlarged on bail. +1 more

Court's answer

The bail application is allowed; the accused-applicant is 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 conditions (no tampering with evidence, no criminal activity, no pressurising/intimidating prosecution witnesses and cooperation in trial, regular appearance before the trial court), with liberty to the court below to cancel bail on breach.

Ratio / Principle

Without commenting on the merits of the case, a case for bail was made out because the FIR had been lodged against the applicant under the repealed Act.

Key takeaways

Noting that time and again FIRs are being lodged under repealed Acts hampering prosecution, the Registrar (Compliance) of the Court was directed to send a copy of the order to the Director General of Police and Director General (Prosecution) for information and necessary action so that such mistakes are avoided.obiter¶18

Detailed headnote1 paragraphs

Bail - FIR lodged under repealed statute - Applicant in custody since 07.01.2025 in Case Crime No. 14 of 2025, P.S. Kotwali, District Ghazipur, under Sections 61(2), 319(2), 318(4), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6/10 of U.P. Public Examination Act, 1998 - The 1998 Act stands superseded by the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024, in force from 15.07.2024, while the incident is of 06/07.01.2025 - Held (Ashutosh Srivastava, J., 20.5.2025): FIR having been lodged under a repealed Act, without commenting on merits a case for bail was made out; bail application under Section 483 BNSS, 2023 allowed on personal bond and two reliable sureties with usual conditions; Registrar (Compliance) directed to send copy of the order to the Director General of Police and Director General (Prosecution) to avoid lodging of FIRs under repealed Acts.

Neutral Citation No. - 2025:AHC:84607

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7841 of 2025

Applicant :- Shravan Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Rai Counsel for Opposite Party :- G.A.

Hon'ble Ashutosh Srivastava,J.

Heard Sri Santosh Kumar Rai, learned counsel for the applicant, Sri Anil Kumar Singh, learned AGA 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 accusedapplicant seeking enlargement on bail in Case Crime No. 14 of 2025, under Sections 61(2), 319(2), 318(4), 338, 336(3), 340(2), 112(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 6/10 of U.P. Public Examination Act, 1998, Police Station Kotwali, District Ghazipur.

Learned counsel for the applicant argued that the accusedapplicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 07.01.2025. Learned counsel for the applicant submits that FIR against the applicant has been lodged for the offences punishable under Section 6/10 of U.P. Public Examination Act, 1998. The said U.P. Public Examination Act, 1998 stands superseded by the Uttar Pradesh Public Examination (Prevention of Unfair Means) Act, 2024 and came into force with effect from 15th day of July, 2024. The incident is stated to have been taken place on 06/07.01.2025 and FIR has been lodged on 07.01.2025. Once, the U.P. Public Examination Act, 1998 stands superseded, a proceedings under the repealed act could not be initiated against the applicant. 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.

Learned AGA has vehemently opposed the prayer for bail but could not dispute the submissions raised by learned counsel for the applicant.

Considering all above facts and circumstances, particularly FIR has been lodged against the applicant under repealed Act, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Shravan 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.

Time and again, it has been brought to the notice of this Court that FIRs are being lodged under the repealed Acts hampering prosecution. The Registrar (Compliance) of this Court is directed to send the copy of this order to the Director General of Police and Director General (Prosecution) for information and necessary action at their end, so that such glaring mistakes are avoided.

Order Date :- 20.5.2025 pks

Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad