Kunal Yadav vs State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko.

Learned counsel for the applicant has filed supplementary affidavit bringing on record the statements of independent witnesses recorded during investigation by the Police, which is taken on record.

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Learned AGA has filed counter affidavit, which is taken on record.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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By means of this application, the applicant, who is involved in Case Crime No. 75 of 2025, under sections 103 (1), 191 (2) and 191 (3) of of BNS, 2023 (old Sections 302, 147 and 148 of IPC), Police Station Chandapur District- Rae Bareli is seeking enlargement on bail.

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The brief facts of this case are that on 25.11.2025, an FIR has been lodged under Section 103 (1) of BNS, 2023 (old Sections 302 IPC) against four named accused persons alleging therein that on 24.11.2025 some villagers had informed the informant that his brother was lying dead in tube-well room and he had also been informed that two days ago his brother had heated altercation with named accused persons and he has firm belief that named accused persons have killed his brother.

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Learned counsel for the applicant has submitted that applicant is not named in FIR. His name has surfaced for the first time in the confessional statement of co-accused Jitendra Yadav except that there is no any other evidence/incriminating material found against the applicant during investigation.

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It is further submitted that co-accused Suraj @ Annu whose name was also surfaced in confessional statement of co-accused Jitendra Yadav like

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BAIL No. 2721 of 2026

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the present applicant, has approached this Court by filing Criminal Misc. Bail Application No. 1425 of 2026 wherein this Court has granted bail vide its order dated 24.02.2026, hence the applicant is entitled for parity of bail granted to co-accused Suraj @ Annu. The bail order is annexed as annexure no. 7 to the paperbook.

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It is further submitted that applicant has no criminal history and he is in jail since 27.11.2025.

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On the other hand, learned AGA on the basis of instructions received has opposed the prayer for grant of bail but he is unable to dispute the submissions made by learned counsel for the applicant as well as the fact that co-accused Suraj @ Annu has been granted bail by this Court. Further, he is also unable to dispute the averments made in para no. 8 and 9 of the affidavit filed alongwith the bail application wherein the applicant has come with a case that his name has surfaced in confessional statement of coaccused Jitendra Yadav, as it has not specifically been denied in the counter affidavit.

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Having heard learned counsel for the parties, perused the material available on record, prima-facie, it is found that the co-accused person namely Suraj @ Annu has been granted bail by the coordinate bench of this Court, whose name had also surfaced in the confessional statement of Jitendra Yadav as in the case of the present applicant; applicant is not named in FIR.; his name has been surfaced for the first time in the confessional statement of co-accused Jitendra Yadav except that there is no any other evidence/incriminating material found against the applicant during investigation; applicant has no previous criminal history, thus, it is found that it is a fit case in which the applicant may be enlarged on bail on the ground of parity.

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Accordingly, the instant bail application is allowed .

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Let the applicant Kunal Yadav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant will cooperate with the prosecution during trial.

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(ii) The applicant will not tamper with the evidence during trial.

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BAIL No. 2721 of 2026

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(iii) The applicant will not pressurize/intimidate the prosecution witness(es).

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(iv) The applicant shall not commit an offence.

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(v) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel.

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(vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

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(viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C.

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In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observations made in this order.

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May 8, 2026

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Ashish

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(Manish Kumar,J.)

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Digitally signed by :- ASHISH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Kunal Yadav v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko.

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Kunal Yadav v. State of U.P. Thru. Prin. Secy. Home Govt. of U.P. Lko.

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