Bittu Yadav Alias Vishal Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Bittu Yadav Alias Vishal Yadav vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: appellant to be released on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions — (i) not tamper with evidence during trial; (ii) not pressurise/intimidate prosecution witnesses; (iii) appear before the trial court on dates fixed unless personal presence exempted; (iv) not commit a similar offence; (v) not directly or indirectly induce, threaten or promise any person acquainted with the facts so as to dissuade disclosure to the Court or police or to tamper with evidence. Sureties to be verified before issuance of the release order; on breach of any condition the prosecution is at liberty to move a bail-cancellation application before this Court.

Issue for consideration

Whether appellant Bittu Yadav alias Vishal Yadav is entitled to release on bail in Case Crime No. 452 of 2024, Police Station Gola, District Gorakhpur, notwithstanding the rejection of his bail application on 06.05.2025, particularly on the ground of parity with co-accused Gulam Kadir Alias Vishal who has already been granted bail.

Court's answer

After perusing the co-accused's bail order, the role assigned to the present appellant in Case Crime No. 452 of 2024 is almost similar to that of co-accused Gulam Kadir Alias Vishal, who has already been granted bail by this Court — thereby establishing the parity advanced by counsel.

Ratio / Principle

Having regard to the facts and circumstances of the case, the nature of the offence, evidence, complicity of the accused, the role assigned to the appellant and the nature of injury, the Court opined that the appellant has made out a case for bail (learned AGA having opposed but been unable to dispute counsel's submissions).

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Shekhar Kumar Yadav, J.; order dated 13.08.2025) allows a criminal appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act and grants bail. Appellant Bittu Yadav alias Vishal Yadav, in custody since 20.03.2025, sought bail in Case Crime No. 452 of 2024, Police Station Gola, District Gorakhpur (Sections 115(2), 352, 351(3), 310(2) B.N.S.; sections 3(1)(Da), 3(1)(Dha), 3(2)(v), 3(2)(va) SC & ST Act) after his bail application (No. 1482 of 2025) was rejected on 06.05.2025. Counsel urged parity with co-accused Gulam Kadir alias Vishal, granted bail by a co-ordinate Bench on 02.01.2025 in Criminal Misc. Bail Application No. 9641 of 2024; the Judge perused that bail order, found the appellant's role 'almost similar' to the co-accused's, and held that the appellant had made out a case for bail, the learned AGA opposing but unable to dispute the submissions. The impugned rejection order was set aside; release was ordered on a personal bond with two sureties each in the like amount (sureties to be verified), subject to five standard conditions (no tampering with evidence; no pressurising or intimidating prosecution witnesses; attendance on fixed dates unless exempted; no commission of similar offences; no inducement, threat or promise to dissuade disclosure), with liberty to the prosecution to seek cancellation on breach.

Neutral Citation No. - 2025:AHC:138273

Court No. - 83

Case :- CRIMINAL APPEAL No. - 5015 of 2025

Appellant :- Bittu Yadav Alias Vishal Yadav Respondent :- State of U.P. and Another Counsel for Appellant :- Ankit Pandey,Vivek Singh Yadav Counsel for Respondent :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

As per office report dated, 18.07.2025, notice has been served upon respondent no.2 personally. None present on behalf of the respondent no.2.

Heard learned counsel for the applicant and learned AGA for the State as well as perused the record.

The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Bittu Yadav alias Vishal Yadav to set aside the order dated 06.05.2025 in Bail Application No.1482 of 2025 and to release him on bail in Case Crime No. 452 of 2024, under Sections 115(2(, 352, 351(3), 310(2) B.N.S. and section 3(1)(Da), 3(1)(Dha) and section 3(2)(v) and 3(2)(va) of SC and S.T Act, Police Station Gola, District Gorakhpur.

Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the present case. The appellant is in jail since 20.03.2025.

It is further contended that similarly placed co-accused person, namely, Gulam Kadir Alias Vishal has already been granted bail by co-ordinate Bench of this Court vide order dated 02.01.2025 in Criminal Misc. Bail Application No. 9641 of 2024, therefore, the applicant is also entitled for bail on the ground of parity.

I have perused the bail order of the co-accused and find that the role assigned to the present appellant is almost similar to that of co-accused person, who has already been granted bail by this Court.

On the other hand, learned AGA has opposed the application for bail but could not dispute the submission raised by learned counsel

for the appellant.

Having regard to the facts and circumstances of the case and keeping in view the nature of the offence, evidence, complicity of the accused, role assigned to the present appellant and the nature of injury, the Court is of the opinion that the appellant has made out a case for bail.

Accordingly, the appeal is allowed and the impugned order rejecting the bail application of the appellant is hereby set-aside.

Let the appellant- Bittu Yadav alias Vishal Yadav , involved in aforesaid case crime number 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 following conditions. Further, before issuing the release order, the sureties be verified.

(i) The appellant will not tamper with the evidence during the trial.

(ii) The appellant will not pressurize/ intimidate the prosecution witness.

(iii) The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

(iv) The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

(v) The appellant 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.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

Order Date :- 13.8.2025 RPD

Digitally signed by :- RATAN PRAKASH DWIVEDI High Court of Judicature at Allahabad