Allahabad High Court

VISHAL KUMAR YADAV @ VIKKI AND ANOTHERversusSTATE OF U.P.

Decided: 26 April 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

The court held that the applicants are entitled to bail as there is no substantial risk of flight, tampering with evidence, or intimidation of witnesses despite the seriousness of the charges.

Summary

The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Vishal Kumar Yadav and Sheetal Srivastava, who were arrested in connection with a robbery alleged under Sections 310(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. The applicants contended that they were falsely implicated, had no prior criminal record, and posed no risk of fleeing, tampering with evidence, or intimidating witnesses. The State opposed bail, emphasizing the seriousness of the offences and the possibility of witness tampering. After weighing the nature of the accusations, the severity of potential punishment, and the lack of concrete evidence linking the applicants to the crime, the Court found that the criteria for bail were satisfied. Consequently, the Court ordered the release of the applicants on bail subject to personal bond, sureties, and strict conditions to prevent interference with the trial.

Issues considered

Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences punishable under Sections 310(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
Whether the applicants pose a risk of flight, evidence tampering, or intimidation of witnesses.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Bharatiya Nyaya Sanhita, 2023 — s. 310(2), 61(2)

Subjects

bail
criminal procedure
Section 483
Section 310(2)
Section 61(2)
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
evidence tampering
flight risk
witness intimidation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13916 of 2026

Vishal Kumar Yadav @ Vikki And Another
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Abhishek Kumar Jaiswal, Pramod
Kumar
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicants, Shri Ramendra Pal Singh, 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-applicants seeking
enlargement on bail in Case Crime No. 16 of 2026, under Sections 310(2)
and 61(2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Taalgram,
District Kannauj during the pendency of the trial before the Court below.

Learned counsel for the applicants argued that the accused-applicants are
innocent and they have been falsely implicated in this very case crime
number. The F.I.R. dated 29.01.2026 was lodged against two unknown
persons alleging that the informant had come to Talgram in his auto
bearing registration no. UP-7T0506 loaded with lehengas, and at about
8:15 P.M., when he reached Biroli Gram Mor, two unknown persons
riding on a motorcycle intercepted his auto and took away the entire
articles, mobile phone, along with the auto. Police has arrested the
applicants and other co-accused persons on the basis of information of
Mukhbir. False recovery of packets of lehenga chunni and one country
made pistol have been shown from possession of the applicants. The
incident has taken at a public place but there is no public witness of the
alleged incident.

They are languishing in jail since 24.02.2026. He further submits that the
BAIL No. 13916 of 2026
2

applicants have no criminal antecedents and there is no likelihood of his
fleeing from the course of justice or tampering with the prosecution
evidence in case he is released on bail. Hence, prayer for bail has been
made.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations,
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-applicants, Vishal Kumar Yadav @ Vikki and Sheetal
Srivastava, involved in above mentioned case crime number be released on
bail, on their 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 applicants will not tamper with the evidence.

2. The applicants will not indulge in any criminal activity.

3. The applicants will not pressurize/intimidate the prosecution witnesses and co-
operate in the trial.

4. The applicants will appear regularly on each and every date fixed by the trial court,
unless their personal appearance are 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 their bail.

(Ashutosh Srivastava,J.)
April 27, 2026
Vibha Singh

Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…