Allahabad HC Bail Rejection Set Aside: Supreme Court Orders Release of Azad Yadav.


22 September 2025 Bail and Antcipatory Bail >> Criminal Law   |   Criminal Appeals & Suspension of Sentence >> Criminal Law  

The Supreme Court of India has quashed a recent order of the Allahabad High Court and granted bail to appellants Azad Yadav and another, who were convicted on charges involving murder and offenses under the SC/ST (Prevention of Atrocities) Act.

The appeal arose from Sessions Trial No. 780 of 2004, where the accused were convicted for offenses under Sections 302/149, 323/149, 147, 504, and 506 of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act. The appellants have already spent about two and a half years in jail since they were convicted.


 

 
 
 

It was on September 2, 2024, when the Allahabad High Court, while hearing Bail Application No. 2 of 2023 in Criminal Appeal No. 5779 of 2023, had rejected their application for bail. This had led the appellants to move a Special Leave Petition before the Supreme Court.

A Bench of Justice Sanjay Karol and Justice Vipul M. Pancholi considered the case on September 22, 2025. After listening to both parties and going through the material on record, the Court noted that the appellants had established a case for interference, especially as a co-accused had already been released on bail by an earlier order of the Supreme Court.

Considering the period of sentence already undergone and the rule of parity, the Court suspended the sentence passed by the trial court and ordered the release of the appellants on bail to be fixed by the trial court subject to conditions. The Bench clarified that unwarranted adjournments were not to be granted and authorized the cancellation of bail by the High Court if delay in hearing the appeal is caused because of the conduct of the appellants.

Accordingly, the appeal was admitted and pending applications disposed of.


Section 147., Indian Penal Code - 1860  

Section 149., Indian Penal Code - 1860  

Section 302., Indian Penal Code - 1860  

Section 323., Indian Penal Code - 1860  

Section 504., Indian Penal Code - 1860  

Indian Penal Code, 1860  

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989