Allahabad High Court
RADHESHYAM @ RADHESHYAM SINGHversusSTATE OF U.P.
- Decided
- Bench
- VIVEK VARMA
Holding
The applicant is entitled to be released on bail.
Summary
The applicant, Radheshyam Singh, was arrested along with co‑accused Ankit Yadav at a petrol pump and charged under several sections of the Essential Commodities Act and related statutes. He contended that he was falsely implicated, had no involvement in the alleged fuel‑related offences, and possessed no prior criminal record. The State opposed bail but could not refute the applicant’s claim of lack of evidence linking him to the crime. The Court observed that there was no corroborative evidence against the applicant, no risk of evidence tampering or witness intimidation, and that he had already been in custody for over two months. Consequently, the Court granted bail subject to personal bond, sureties, and conditions prohibiting tampering with evidence, pressurising witnesses, and mandating appearance in court.
Issues considered
- Whether the applicant is entitled to bail despite the serious nature of the charges under the Essential Commodities Act and related provisions.
- Whether there is sufficient evidence to justify continued detention of the applicant.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses if released on bail.
Legislation cited
Subjects
- bail
- Essential Commodities Act
- false implication
- criminal procedure
- presumption of innocence
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12243 of 2026
Radheshyam @ Radheshyam Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Kumar Singh, Jeet Narayan
Dubey, Shyam Shankar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant, Sri N.K. Sharma, learned A.G.A.
for the State and perused the record.
2. The present bail application has been filed with a prayer to enlarge the
applicant on bail in Case Crime No. 48 of 2026, under Sections 318(2), 338,
336(3), 340(2), 3(5) B.N.S. and 3/7 Essential Commodity Act, Police
Station- Kurawali, District- Mainpuri during pendency of the trial.
3. Counsel for the applicant submits that the applicant has been falsely
implicated in the present case. The applicant was apprehended along with
co-accused Ankit Yadav at a petrol pump owned and operated by the said
co-accused. The said petrol pump is exclusively run and managed by co-
accused Ankit Yadav, who is the proprietor of Anchan Petroleum Limited.
The applicant has no concern whatsoever with the installation of dispensing
unit or with sale and distribution of diesel & petrol. The applicant has not
violated any provisions of U.P. High Speed Diesel Oil and Light Diesel Oil
(Maintenance of supply and distribution) Order 1981 or the Motor Spirit and
High Speed Diesel (Regulation of Supply and Distribution and Prevention
of Malpractices) Order 2005. The applicant has not forged or manipulated
any documents. The case of the applicant is clearly distinguishable from
that of co-accused Ankit Yadav. The applicant is in jail since 10.2.2026
having no criminal history. In case he is enlarged on bail, he will not misuse
the said liberty.
BAIL No. 12243 of 2026
2
4. Learned A.G.A. for the State opposed the prayer for bail but could not
satisfactorily dispute the aforesaid submissions from the record.
5. Having heard counsel for the parties and having perused the record, this
Court prima facie finds that at this stage, there is no corroborative evidence
to link the applicant with the offence. The applicant has no criminal
antecedents. Further the applicant has presently remained confined for more
than two months and there is no hope of early conclusion of trial, more so
when no reasonable apprehension has been brought to the fore by the State
that the applicant, if enlarged on bail, would either tamper with the evidence
or intimidate the witness, without commenting on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
6. Let the applicant, Radheshyam @ Radheshyam Singh involved in the
aforesaid case be released on bail on his furnishing a personal bond and two
sureties each of the like amount to the satisfaction of court concerned on the
following conditions that:
i. the applicant shall not tamper with the prosecution evidence;
ii. the applicant shall not pressurize the prosecution witness;
iii. the applicant shall appear on each and every date fixed by the trial court.
7. In case of breach of any of the above conditions, the prosecution shall be
at liberty to move bail cancellation application before this Court.
(Vivek Varma,J.)
April 20, 2026
S.S.
Digitally signed by :-
SIDDHARTH SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…