Allahabad High Court
YASH GOYALversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The court allowed the bail application, granting bail to the applicant 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 Yash Goyal, who was arrested in connection with a case involving multiple accused under various sections of the Criminal Law Amendment Act and the BNS. The applicant claimed innocence, asserted that no specific role was assigned to him in the FIR, and highlighted his prolonged pre‑trial detention since March 16, 2026. The State opposed bail, pointing to the applicant’s criminal history. 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 of Rs. 50,000 with two sureties, subject to conditions to prevent witness intimidation and evidence tampering. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite his criminal history.
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 351, 483
- Criminal Law Amendment Act — s. 7
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Section 483
- Criminal Law Amendment Act
- witness intimidation
- surety
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15001 of 2026
Yash Goyal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhimanyu Singh Chauhan,
Dharmendra Singh Chauhan
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Computer generated bail orders filed by the learned counsel for
the applicant are taken on record.
2. Heard Sri Abhimanyu Singh, learned counsel for the applicant
and Sri B.P. Maurya, learned AGA for the State-respondents and
perused the record.
3. 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.
230 of 2026, under Sections 191(2), 191(3), 125, 109(1), 115(2),
352, 351(3) BNS and Section 7 of Criminal Law Amendment Act,
registered at Police Station Banna Devi, District Aligarh, during
pendency of the trial.
4. 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 16.3.2026. It is
further submitted that as per FIR 12 named and 10-12 unknown
persons are said to have indulged in fighting with each, however,
no specific role has been assigned to the applicant. It is also
submitted that the applicant is having criminal history, 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
BAIL No. 15001 of 2026
2
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.
5. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.
6. As per FIR 12 named and 10-12 unknown persons are said to
have indulged in fighting with each, however, no specific role has
been assigned to the applicant. The applicant is having criminal
history, which has been duly explained in the memo of application.
7. 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.
8. Let the applicant- Yash Goyal 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.
BAIL No. 15001 of 2026
3
(v) The applicant shall remain present before the trial court on each
date fixed, either personally or through his counsel.
9. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
10. 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.)
May 5, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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