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Vijay Yadav v. State of U.P.

Allahabad HC18 Dec 2025NABAIL/9820/2025

Case brief

AI extract

What is this about?

Vijay Yadav v. State of U.P.; Allahabad High Court; Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 9820 of 2025; interim anticipatory bail extended till 23.02.2026; conversion of Section 103 BNS (302 IPC) to Section 108 BNS (306 IPC) held prima facie logical; abetment of suicide; ante mortem hanging; asphyxia; ligature mark; State Medico Legal Cell Lucknow letter no. MLC288/2025/445-V dtd. 24.11.2025; postmortem report; inquest report; Investigating Officer Sri Rajeev Singh, S.H.O. P.S. Madhuban, District Mau; personal appearance of I.O. exempted; case diary; next listing 23.02.2026.

What did the court decide?

Interim anticipatory bail extended till the next date of listing (23.02.2026); personal appearance of the Investigating Officer (Sri Rajeev Singh) exempted; case to be listed on 23.02.2026. ¶18

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

What the court decided

AI extract

Outcome

Interim anticipatory bail extended till the next date of listing (23.02.2026); personal appearance of the Investigating Officer (Sri Rajeev Singh) exempted; case to be listed on 23.02.2026.

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Issue for consideration

Whether the matter falls within the purview of Section 108 B.N.S. (Section 306 I.P.C.) rather than Section 103 B.N.S. (Section 302 I.P.C.), i.e., whether the conversion of the section invoked is appropriate. +1 more

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Court's answer

The interim anticipatory bail earlier granted to the applicant is extended till the next date of listing (23.02.2026).

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Key takeaways

Prima facie, the conversion of the case from Section 103 B.N.S. (Section 302 I.P.C.) to Section 108 B.N.S. (Section 306 I.P.C.) appears logical; the matter remains listed for further consideration on 23.02.2026.obiter¶14

Detailed headnote1 paragraphs

Anticipatory bail (S. 482 BNSS) — interim order, Allahabad High Court, Nalin Kumar Srivastava, J., December 18, 2025. In compliance of the Court's order dated 26.11.2025, the Investigating Officer, Sri Rajeev Singh, S.H.O., P.S. Madhuban, District Mau, appeared in person with the entire case diary and stated that, on the basis of the postmortem report, inquest report and statements of relevant witnesses including the informant, the matter falls within Section 108 B.N.S. (Section 306 I.P.C.) and not within Section 103 B.N.S. (Section 302 I.P.C.). He further stated that the State Medico Legal Cell, Lucknow, vide letter no. MLC288/2025/445-V dtd. 24.11.2025, opined the cause of death was asphyxia due to ante mortem hanging and that, since only a ligature mark was found with no other injury, ante mortem hanging without injury to appendages is always suicide (99%). The Court observed that prima facie the conversion of Section 103 B.N.S. (Section 302 I.P.C.) to Section 108 B.N.S. (Section 306 I.P.C.) seemed logical, extended the interim anticipatory bail earlier granted to the applicant till 23.02.2026, and exempted the personal appearance of the Investigating Officer.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9820 of 2025

Vijay Yadav

.....Applicant(s)

Versus

State of U.P.

.....Opposite Party(s)

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Counsel for Applicant(s) : Janardan Yadav Counsel for Opposite Party(s) : G.A.

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Court No. - 71

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HON'BLE NALIN KUMAR SRIVASTAVA, J.

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Learned counsel for the applicant and learned A.G.A. are present.

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In compliance of the order passed by this Court on 26.11.2025, the Investigating Officer of the case Sri Rajeev Singh, S.H.O., P.S. Madhuban, District Mau is present in person before the Court along with entire case diary of this case.

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On query, the above-named I.O. submitted before the Court that on the basis of postmortem report, inquest report and statement of relevant witnesses of the case including the informant it was found that the matter falls within the purview of Section 108 B.N.S. (Section 306 I.P.C.) and not within the purview of Section 103 B.N.S. (Section 302 I.P.C.). He further submitted that he had also consulted the State Medico Legal Cell, Lucknow which informed him vide letter no.MLC288/2025/445-V dtd. 24.11.2025 that the cause of death of the deceased was asphyxia due to ante mortem hanging and further opined that since only ligature mark is found and no other injury has been found, hence ante mortem hanging without injury in appendages are always suicide (99%).

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