Allahabad High Court
KUNAL YADAVversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the applicant is released on bail subject to prescribed conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Kunal Yadav, who was arrested in connection with a cyber‑crime case involving alleged receipt of illicit funds and offences under Sections 318(2), 319(2), 338(3), 3(5) of the same Act and Sections 66C and 66D of the Information Technology Act. The applicant claimed innocence, argued that co‑accused Prince Patel had already been granted bail and that the disputed amount had been returned to the complainant’s mother. The State opposed bail, contending the seriousness of the offences and the risk of tampering with evidence. After reviewing the record, the Court, without expressing a view on the merits, found the case suitable for bail and ordered release on a personal bond with two sureties and several conditions to prevent intimidation of witnesses and evidence tampering. The order expressly limited its effect to the bail application and did not prejudice the trial court’s future determinations.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for the offences alleged.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
- Whether the return of the alleged illicit amount and the bail of a co‑accused affect the applicant’s eligibility for bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Information Technology Act, 2000 — s. 66C, 66D
Subjects
- bail
- cyber crime
- Bharatiya Nagarik Suraksha Sanhita
- Information Technology Act
- Section 483
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12977 of 2026
Kunal Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vinit Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Vinit Mishra, learned counsel for the applicant and Sri
Chandra Shekhar Saran, 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. 0012 of 2025, under
Sections 318(2), 319(2), 338(3), 3(5) BNS and Sections 66C and 66D of
I.T. Act, registered at Police Station Cyber Crime Police, District
Fatehpur 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 5.12.2025. It is further submitted that
the FIR has been lodged against unknown and co-accused Prince Patel
has already been granted bail by this Court vide order dated 6.1.2026
passed in Criminal Misc. Bail Application No. 5700 of 2026. It is
submitted that during investigation it has surfaced the applicant has
received Rs. 2,41,000/- in his bank account, however, entire amount of
Rs. 4,90,000/- which is said to have been credited in the bank account of
applicant and co-accused has already been returned by Radha Devi,
mother of Prince Patel. 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
BAIL No. 12977 of 2026
2
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.
5. FIR has been lodged against unknown and during investigation it has
surfaced that the applicant is said to have received Rs. 2,41,000/- in his
bank account and another accused is said to have received some amount
in his bank account. Co-accused Prince Patel has already been granted
bail by this Court and entire amount of Rs. 4,90,000/- is said to have been
refunded to Radha Devi, mother of Prince Patel.
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- Kunal Yadav 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
BAIL No. 12977 of 2026
3
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
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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