Disposed¶22

Kailash Yadav and Another v. State of U.P.

Allahabad HC23 Mar 2026CRLA/12463/2023

Case brief

AI extract

What is this about?

Allahabad High Court; Criminal Appeal No. 12463 of 2023; Kailash Yadav and another v. State of U.P.; suspension of sentence application No.08/2025; stay of conviction; Section 325 read with Section 34 I.P.C.; S.T. No.158/2018; Case Crime No.36 of 2018; Police Station Kotwali Lalitpur, District Lalitpur; prima facie case; Ex-District Panchayat President; political rivalry; injuries not dangerous to life; bail order dated 27.02.2024; conviction stayed pending appeal; Vani Ranjan Agrawal, J.; March 24, 2026.

What did the court decide?

Stay of the effect and operation of the impugned judgment/conviction order dated 30.11.2023 & 02.12.2023 during the pendency of the appeal; suspension application disposed of. ¶22

Kailash Yadav and Another Vs State of U.P. — Allahabad HC (2026) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL APPEAL No. - 12463 of 2023

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Kailash Yadav And Another

.....Appellant(s)

Versus

State of U.P.

.....Respondent(s)

Counsel for Appellant(s)	: Kartikeya Saran, Singh(Kushwaha)	Narayan
Counsel for Respondent(s)	: Anil Kumar, Damodar Singh, Vikram Singh, G.A.	Devendra

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Court No. - 93

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HON'BLE MRS. VANI RANJAN AGRAWAL, J.

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Ref:- Criminal Misc. Suspension of Sentence Application No.08/2025

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Heard learned counsel for the applicant no.1 and learned A.G.A. for the State.

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This application has been preferred by learned counsel for the applicant no.1 seeking stay of the effect and operation of the impugned judgment/conviction order dated 30.11.2023 & 02.12.2023 passed in S.T. No.158/2018 (State vs. Kailash Yadav and Ors.), arising out of Case Crime No.36 of 2018, under Section 325 read with Section 34 I.P.C., Police Station- Kotwali Lalitpur, District- Lalitpur, during the pendency of the present appeal.

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Learned counsel for the applicant no.1 submits that vide order dated 27.02.2024, the applicant no.1 has been released on bail by this Court.

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He further submits that the impugned judgment and order is illegal and against the weight of evidence on record; that the prosecution case suffers from serious infirmities; and that the appeal raises substantial and arguable questions of law and fact. It is further submitted that the applicant no.1 was Ex- District Panchayat President due to which he has falsely been implicated in the present case owing to political rivalry. It is further submitted that that the alleged injuries received by the injured person are apparently not dangerous to life in any manner and that was not caused by the appellant no.1. It is further submitted that unless the effect and operation of the impugned judgment/conviction order is stayed, the applicant no.1 shall

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CRLA No. 12463 of 2023

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suffer irreparable loss and injury.

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Learned A.G.A. for the State has opposed the prayer.

¶20

Considering the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant no.1 has made out a prima facie case for stay the judgment/conviction order dated 30.11.2023 & 02.12.2023.

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Accordingly, the effect and operation of the impugned judgment/conviction order dated 30.11.2023 & 02.12.2023 passed in S.T. No.158/2018 (State vs. Kailash Yadav and Ors.), arising out of Case Crime No.36 of 2018, under Section 325 read with Section 34 I.P.C., Police Station- Kotwali Lalitpur, District- Lalitpur, shall remain stayed during the pendency of the present appeal.

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The application is accordingly disposed of .

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March 24, 2026 Pravesh Mishra

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(Mrs. Vani Ranjan Agrawal,J.)

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Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad

Kailash Yadav and Another v. State of U.P.

Case brief

What is this about?

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Kailash Yadav and Another v. State of U.P.

Case brief

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