Vinod Kumar Yadav @ Vinod Yadav vs The State Of Uttar Pradesh on 13 March, 2026

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    Vinod Kumar Yadav @ Vinod Yadav vs The State Of Uttar Pradesh on 13 March, 2026

                                                                                  Non-Reportable
    
    
                                         IN THE SUPREME COURT OF INDIA
                                        CRIMINAL APPELLATE JURISDICTION
    
                                       CRIMINAL APPEAL NO.        OF 2026
                                      (Arising out of SLP(Crl.) No.2162/2026)
    
              VINOD KUMAR YADAV @ VINOD                                   APPELLANT(S)
              YADAV
                                 VERSUS
    
              STATE OF UTTAR PRADESH                                     RESPONDENT(S)
    
                                                    O R D E R
    

    Leave granted.

    1. The appellant, is aggrieved by the denial of bail by
    the High Court of Judicature at Allahabad, especially
    noticing the two grievous firearm injuries sustained by
    the victim and also taking note of the observations made
    by the Trial Court that the defence is attempting to
    purposefully delay the trial.

    SPONSORED

    2. Mr.Shoeb Alam, learned Senior Counsel appearing for the
    appellant points out that despite the statement that the
    appellant shot at the victim in the FIR, there are
    serious
    Signature Not Verified
    contradictions coming out from the statements
    recorded.

    Digitally signed by
    babita pandey
    Date: 2026.03.13
    18:15:49 IST
    Reason:

    3. We were also taken through the order in the case of

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    another accused produced as Annexure P7, wherein
    anticipatory bail was granted, also noticing the fact
    that the main accused who were alleged with overt acts
    were enlarged on bail, which grounds found in favour of
    that accused, squarely applies in the case of the
    appellant also.

    4. The learned Government Advocate takes us to the order
    sheet of the Trial Court, which specifically mentions a
    riot situation in the Court premises when the trial was
    being conducted. It is also submitted that it was at the
    victim’s instigation that a violent crowd gathered in the
    Court premises for which an FIR has been registered
    against the victim. It is also pointed out that the
    accused and their Counsel are not cooperating and many a
    time, the Counsel were not available to cross-examine the
    witnesses of the prosecution. The learned counsel
    appearing for the second respondent also resists the
    request for grant of bail to the appellant.

    5. We notice that the appellant has been incarcerated for
    more than two years and the allegation inter alia is
    under Section 307 of the Indian Penal Code, 1860 (IPC).
    The delay in the trial cannot be attributed to the
    appellant herein, especially since he was in jail and the
    victim also resorted to intimidation that too within the
    court premises.

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    6. Looking at the totality of the circumstances, we are of
    the opinion that there would be no purpose served in
    continuing the incarceration of the appellant, pending
    completion of the trial.

    7. Accordingly, we allow the present appeal and direct
    that the appellant, Vinod Kumar Yadav @ Vinod Yadav, be
    released on bail in connection with FIR Case Crime No.216
    of 2023 registered under Sections 147, 148, 149, 307 of
    IPC and Sections 3, 25 and 27 of the Arms Act, 1959 at
    Police Station Bijnaur, District Lucknow.

    8. The appellant shall be released on bail on such
    appropriate terms and conditions as may be fixed by the
    Trial Court.

    9. Considering the observations made by the Trial Court as
    available in the order sheet, we direct that, to avoid a
    tense situation and obstruction being caused to the trial
    proceedings, the learned Trial Court may at its
    discretion permit the accused to appear online or allow
    exemption applications, if any filed, permitting their
    appearance through counsel. Insofar as the non-
    cooperation of the defence counsel, we make it clear that
    the Trial Court would be entitled to ensure smooth
    proceedings in the trial by granting a prayer for
    adjournment to cross examine a witness once and then, if
    on the second occasion, none appears, close the cross

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    examination with respect to that particular accused and
    proceed with the trial.

    10. We clarify that we have not made any
    observations/comments on the merits of the case and any
    observation made in this order is meant only for the
    limited purpose of grant of bail.

    11. The impugned order is set aside and the appeal is
    allowed on the aforestated terms.

    12. Pending application(s), if any, shall stand disposed
    of.

    ………………….J.
    (SANJAY KUMAR)

    ………………….J.
    (K. VINOD CHANDRAN)
    NEW DELHI;

    MARCH 13, 2026.

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    ITEM NO.9                    COURT NO.12                  SECTION II
    
                      S U P R E M E C O U R T O F        I N D I A
                              RECORD OF PROCEEDINGS
    
     Petition(s) for Special Leave to Appeal (Crl.)          No(s).     2162/2026
    
    

    [Arising out of impugned final judgment and order dated 19-12-2025
    in CRMBA No. 11848/2024 passed by the High Court of Judicature at
    Allahabad, Lucknow Bench]

    VINOD KUMAR YADAV @ VINOD YADAV Petitioner(s)

    VERSUS

    THE STATE OF UTTAR PRADESH & ANR. Respondent(s)

    (FOR ADMISSION AND IA No. 38939/2026 – EXEMPTION FROM FILING O.T.)

    Date : 13-03-2026 This matter was called on for hearing today.

    CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR
    HON’BLE MR. JUSTICE K. VINOD CHANDRAN

    For Petitioner(s) Mr. Shoeb Alam, Sr. Adv.

    Mr. Rizwan Ahmad , AOR
    Mr. Mohd Shoaib Ansari, Adv.

    For Respondent(s) Mr. Ajay Kumar Mishra, Advocate General
    Mr. Shaurya Sahay, AOR
    Mr. Aman Jaiswal, Adv.

    Ms. Sharvi Sharma, Adv.

    Mr. Ashish Singh, Adv.

    Mr. Nadeem Murtaza, Adv.

    Mr. Harsh Vardhan Kediya, Adv.

    Mr. Yashwant Singh, AOR

    UPON hearing the counsel, the Court made the following
    O R D E R

    Leave granted.

    In terms of the signed order, it is directed that the

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    appellant, Vinod Kumar Yadav @ Vinod Yadav, be released on bail in

    connection with FIR Case Crime No.216 of 2023 registered under

    Sections 147, 148, 149, 307 of the Indian Penal Code, 1860 and

    Sections 3, 25 and 27 of the Arms Act, 1959 at Police Station

    Bijnaur, District Lucknow.

    The appeal is allowed in terms of the signed order.

    Pending application(s), if any, shall stand disposed of.

     (BABITA PANDEY)                                   (NIKITA SINGH)
        AR-cum-PS                                   COURT MASTER (NSH)
    

    (Signed order is placed on the file)

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