BAIL/15271/2026 of NITESH YADAV @ MANTU YADAV Vs STATE OF U.P.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15271 of 2026 Court No. - 72 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant, Learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime no.157 of 2026, under Sections 140(1), 115(2), 351(3) BNS, Police Station Kasya, District Kushinagar. 3. Learned counsel for the applicant states that the applicant has been falsely implicated in the present case. The victim was not recovered from the possession or on the pointing out of the applicant. The applicant has no criminal antecedents and is in jail since 23.03.2026.  The victim, in his statement under Section 1800 BNSS, specifically nominated the accused- applicant as the one who had driven the car. In the statement under Section 183 BNSS of the victim, the applicant is said to have repeatedly assaulted the victim, which is not substantiated in his medical examination report. A chargesheet has also been submitted against the applicant and now there is no requirement of the applicant for custodial interrogation or recoveries. 4. Learned AGA has opposed the prayer for bail and has contended that the applicant alongwith other accused persons has abducted and assaulted the victim. The applicant is named in the FIR. An intimation has been given to the police on the number 112 and lateron the victim was recovered from the possession of the co-accused Atul Yadav and Preetam Versus Counsel for Applicant(s) : Neetu Pal, Priyanka Singh, Vijay Laxmi Singh Counsel for Opposite Party(s) : G.A. Nitesh Yadav @ Mantu Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) Yadav. 5. I have considered the submissions made by Learned counsels for the parties. 6. The applicant although named in the FIR but he has not been given any specific role. In the statement under Section 180 BNSS, the applicant was shown to be driving the vehicle, which was used in the abduction of the victim. In the statement under Section 183 BNSS, the applicant has been assigned the role of repeatedly assaulting the victim, however, in the medical examination report of the victim, only a single abrasion was found. The victim has not been recovered from the possession or on the pointing out of the applicant. The case of the applicant is clearly distinguishable from Atul Yadav and Preetam Yadav. The applicant has no criminal antecedents. 7. Taking into consideration the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it appropriate to enlarge the applicant on bail. 8. The bail application is allowed. 9. Let the accused-applicant, Nitesh Yadav @ Mantu Yadav , involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) The applicant will not tamper with the evidence. (ii) The applicant will not indulge in any criminal activity. (iii) The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. (iv) The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted by the court concerned. BAIL No. 15271 of 2026 2 10. In the event of breach of any of the aforesaid conditions, the court concerned will be at liberty to proceed to cancel his bail.  11. It is made clear that the applicant shall be released on the basis of computer generated copy of this order, downloaded from the official website of High Court Allahabad and verified by the concerned counsel with the undertaking that the certified copy will be filed within 15 days. 12. It is further directed that the trial court shall send the release order to the concerned jail through Bail Order Management System (BOMS) to ensure early release of the applicant.  May 6, 2026 A. Pandey BAIL No. 15271 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- ANAND PANDEY High Court of Judicature at Allahabad