Allahabad High Court
SUBHASH YADAVversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to the accused, subject to conditions, finding that a case for bail existed.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused Subhash Yadav, who was in custody for offences under Sections 420, 406, 467, 468, 471 and 506 of the IPC. The applicant’s counsel argued that he was falsely implicated, the charge sheet had already been filed, and there was no risk of flight or evidence tampering despite three prior criminal cases. The State opposed bail, citing the seriousness of the charges and potential for witness intimidation. After weighing the nature of the accusations, severity of possible punishment, and the prima facie risk of tampering, the court found that a case for bail existed. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions prohibiting tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the seriousness of the IPC offences and risk of tampering or flight.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 406, 420, 467, 468, 471, 506
Subjects
- bail
- criminal procedure
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- IPC offences
- witness tampering
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12192 of 2026
Subhash Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Bal Krishna Yadav, Sanjay Kumar
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Bal Krishna Yadav, learned counsel for the applicant, Shri
Arimardan Yadav, learned AGA for the State-respondents and perused the
record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Subhash
Yadav, seeking enlargement on bail in Case Crime No. 0702 of 2025, under
Sections 420, 406, 467, 468, 471, 506 IPC, Police Station Bisarakh, District
Gautam Budh Nagar, during the pendency of the trial before the Court
below.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 20.1.2026. Learned counsel for the applicant
submits that charge sheet in this case has already been filed on 21.2.2026.
Further custodial interrogation of the applicant is no more required.
Applicant is ready to face trial. Applicant has three cases of criminal
antecedent, which have sufficiently been explained and there is no likelihood
of his fleeing from course of justice or tampering with evidence in case of
release on bail. Hence, bail has been prayed for.
Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, the nature of accusations,
BAIL No. 12192 of 2026
2
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Subhash 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
April 20, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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