Sant Singh Yadav Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

Sant Singh Yadav Vs State of U.P. — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, applicant Sant Singh Yadav to be released during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions (i)-(vi) (reporting to Investigating Officer; no inducement/threat/promise; no leaving the country without prior permission; surrender of passport; no-adjournment undertaking; personal presence at opening of case, framing of charge and Section 313 Cr.P.C. statement), with liberty to the court concerned to enforce the conditions in default.

Issue for consideration

Whether the applicant, Sant Singh Yadav, is entitled to be enlarged on anticipatory bail in respect of Case Crime No. 175 of 2025 (Sections 299, 318(4), 319(2), 336(3), 338, 340(2) B.N.S.), Police Station Bakewar, District Etawah, in which he apprehends arrest during ongoing investigation.

Court's answer

Having regard to the submissions, the nature of accusations and the antecedents of the applicant, in particular that the applicant had earlier lodged a first information report against the informant, that the essential ingredients to constitute the alleged offences are not made out, and that at this stage there is no substantive evidence to link the applicant with the offence, the court, without commenting on merits of the case, formed the opinion that the applicant is entitled to be enlarged on anticipatory bail.

Ratio / Principle

In the event of arrest, the applicant Sant Singh Yadav involved in the aforesaid case crime is to be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount, to the satisfaction of the court concerned.

Key takeaways

The anticipatory bail release is subject to conditions: (i) co-operation with, and reporting to, the Investigating Officer as and when required; (ii) no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to the court or police; (iii) no departure from the country during the currency of trial without prior permission of the concerned trial court; (iv) surrender of passport, if any, forthwith to remain in custody of the concerned court; (v) undertaking not to seek adjournments on dates fixed for evidence when witnesses are present; and (vi) personal presence before the trial court at opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C.; in default of any condition, the court concerned may pass appropriate orders to enforce and compel compliance.ratio¶13

Detailed headnote1 paragraphs

Anticipatory bail granted (Allahabad HC, Vivek Varma, J., order dated 29.7.2025; Neutral Citation 2025:AHC:125064) — Sant Singh Yadav sought anticipatory bail under Section 482 BNSS in Case Crime No. 175 of 2025, under Sections 299, 318(4), 319(2), 336(3), 338, 340(2) B.N.S., Police Station Bakewar, District Etawah. Counsel contended the applicant was falsely implicated and that the prosecution was a counter-blast to FIR Case Crime No. 169 of 2025 (Sections 115, 309(2), 351(1), 352 BNS, same police station/district) lodged by the applicant against the informant on 23.06.2025; essential ingredients of the alleged offences not made out; no credible/substantive evidence linking the applicant; no criminal antecedents; investigation ongoing with apprehension of arrest. Learned A.G.A. opposed but could not satisfactorily dispute the submissions from the record. Without commenting on merits, the court held the applicant entitled to be enlarged on anticipatory bail: in the event of arrest, release during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions including co-operation with and reporting to the Investigating Officer, no inducement/threat/promise, no departure from India during trial without prior permission, surrender of passport, an undertaking not to seek adjournments, and personal presence at opening of the case, framing of charge and recording of the Section 313 Cr.P.C. statement; in default, the court concerned may enforce the conditions. Application stands disposed of.

Neutral Citation No. - 2025:AHC:125064

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5973 of 2025

Applicant :- Sant Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Datta,Shive Datta Yadav Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record.

This application has been filed seeking anticipatory bail in Case Crime No. 175 of 2025, under Sections 299, 318(4), 319(2), 336(3), 338, 340(2) B.N.S., Police Station Bakewar, District Etawah.

Counsel for the applicant contends that the applicant has been falsely implicated in the present case. On 23.06.2025 the applicant lodged an FIR against the informant registered as Case Crime No. 169 of 2025, under Sections 115, 309(2), 351(1), 352 BNS, Police Station Bakewar, District Etawah. In counter blast to the said proceedings, the instant prosecution has been instituted against the applicant. It is next contended that essential ingredients to constitute the alleged offences are not made out against the applicant. At this stage, there is no credible evidence to link the applicant with the offence. Further, the applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact that earlier the applicant lodged a first information report against the informant; further, the essential ingredients to constitute the alleged offences are not made out against the applicant; at this stage, there is no substantive evidence to link the applicant with the offence; without commenting on merits of the

case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

In the event of arrest, the applicant Sant Singh Yadav involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

(i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation;

(ii) 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 from disclosing such facts to the court or to any police officer;

(iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court.

(iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court.

(v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court.

(vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.

In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

The application stands disposed of.

Order Date :- 29.7.2025 Lbm/-

Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad