Allahabad High Court
YASEEN PATHAN @ YASEEN GHODAversusSTATE OF U.P.
- Decided
Holding
The Court allowed the bail application and granted bail to the accused subject to specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Yaseen Pathan, who was arrested in connection with a case involving alleged assault with a firearm and multiple offences under the B.N.S.S. and the Arms Act. The applicant claimed innocence, argued that no one was injured, and highlighted the lengthy pre‑trial detention since December 2025, while also acknowledging a history of seven prior cases. The State opposed bail, citing the seriousness of the charges and the applicant's criminal record. After reviewing the record, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on a personal bond with two sureties, imposing conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court's future determinations.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offences, prior criminal history, and the fact that no injury was caused.
Legislation cited
- Arms Act — s. 25, 3
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 190, 191(2), 191(3), 3(5), 351(2), 483
Subjects
- bail
- criminal procedure
- Section 483 B.N.S.S.
- Arms Act
- pre‑trial detention
- conditions of bail
- prior criminal history
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12969 of 2026
Yaseen Pathan @ Yaseen Ghoda
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Khare
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Sanjeev Kumar Khare, learned counsel for the applicant and
Sri B.P. Maurya, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant with a
prayer to release him on bail in Case Crime No. 625 of 2025, under
Sections 191(2), 191(3), 190, 109(1), 351(2), 3(5) BNS and Section 3/25
Arms Act, registered at Police Station Kotwali Mahoba, District Mahoba,
during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 28.12.2025. It is further submitted
that though the applicant has been assigned specific role of assault by fire
arm, however, no one has received injury of fire arm. It is further
submitted that chargesheet has already been submitted. It is further
submitted that applicant is having criminal history of seven cases which
has been duly explained in the memo of application. It is also submitted
that the applicant undertakes that he will not misuse the liberty, if granted.
It has also been pointed out that in the wake of heavy pendency of cases
in the Court, there is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
BAIL No. 12969 of 2026
2
5. The applicant has been assigned specific role of assault by fire arm,
however, no one is said to have received injury of fire arm. Chargesheet
has already been submitted. The applicant is having criminal history of
seven cases which has been duly explained in the memo of application.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
ALLOWED.
7. Let the applicant- Yaseen Pathan @ Yaseen Ghoda involved in the
aforesaid case crime be released on bail on his furnishing a personal bond
of Rs. 50,000/- with two sureties each in the like amount to the
satisfaction of the Court concerned with the following conditions :-
(i) The applicant shall not directly or indirectly make any inducement,
threat, or promise to any person acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the court or to any police
officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
BAIL No. 12969 of 2026
3
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
April 20, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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