Bhagwandeen Yadav vs State of U.P. and Another

The present criminal appeal under Section 14-A(2) Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act has been filed by the appellant- Bhagwandeen Yadav to set aside the order dated 1.11.2025 passed by Additional District & Session Judge/Special Judge (SC/ST) Act, Court No.2, Ramabai Nagar (Kanpur Dehat) in Second Criminal Misc. Bail Application No.2100 of 2025 arising out of Case Crime No.404 of 2023, under Sections 302, 323, 504, 506 IPC and section 3(2)(v) of S.C./S.T. Act, P.S.- Chaubepur, District- Kanpur Nagar with a further prayer to release the applicant on bail in the aforesaid case.

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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 16.11.2023.

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It is further contended that similarly placed co-accused person, namely, Chhukta Yadav Alias Sunil Kumar, has already been granted bail by this Court vide order dated 20.1.2026 in Criminal Appeal No.11072 of 2025, therefore, the applicant is also entitled for bail on the ground of parity.

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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

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CRLA No. 540 of 2026

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2

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person, who has already been granted bail by this Court.

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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.

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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, the Court is of the opinion that the appellant has made out a case for bail.

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

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Let the appellant- Bhagwandeen 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.

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

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(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.

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(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.

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(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.

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

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(Shekhar Kumar Yadav,J.)

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March 18, 2026

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Krishna*

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

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

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

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