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Allahabad High Court

ABHISHEK YADAVversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail during the trial as there is no sufficient ground to deny it.

Summary

The High Court considered a bail application filed by Abhishek Yadav, who was arrested in a case involving alleged fraud causing a loss of Rs. four crores and charged under several IPC sections. The applicant claimed innocence, asserted no specific allegations against him, and highlighted that co‑accused had already been granted bail. The State opposed the bail, but the court, after reviewing the record and noting the applicant's lack of prior criminal history and the heavy pendency of cases, decided to grant bail without commenting on the merits. The court ordered the applicant to be released on personal bond with two sureties, subject to conditions prohibiting tampering with evidence, intimidation of witnesses, and committing similar offences. The bail was granted for the duration of the trial, with a warning that breach of conditions could lead to cancellation.

Issues considered

  • Whether the applicant is entitled to bail during the pendency of trial despite serious charges under IPC sections 351(3), 352, 336(3), 338, 318(4), 238 and 61(2).
  • Whether there is a risk of the applicant fleeing, tampering with evidence, or influencing witnesses that would justify denial of bail.
  • Whether the applicant's lack of prior criminal record and the fact that co‑accused have been granted bail affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC sections
  • anticipatory bail
  • sureties
  • evidence tampering
  • witness intimidation

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 20045 of 2026

Abhishek Yadav
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Brijesh Yadav, Munna Yadav, Naveen
                                Singh
Counsel for Opposite Party(s) : G.A., Krishna Kant Dubey, Santosh
                                Kumar Dubey

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Even after service of notice, no one has appeared on behalf of the
informant's side.

Heard learned counsel for the applicant, learned AGA for the State and
perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 03 of 2026, under Sections 351(3), 352, 336(3),
338, 318(4), 238, 61(2) BNS, Police Station- Hafizpur, District- Hapur,
during pendency of the trial in the court concerned.

Learned counsel for the applicant submitted that the applicant is innocent
and has been falsely implicated in the present case due to some ulterior
motive. The FIR of the present case was lodged against twelve persons. It
is alleged in the FIR that due to fraudulent act of the accused persons firm
of the informant has suffered with the loss of about Rs. Four crores. It is
next submitted that applicant is having no concern with the allegations
levelled against him and he has not committed any offence as alleged by
prosecution. It is submitted that applicant was appointed as a quality
manager and his work only check the quality of material. It is next
submitted that during investigation, bank statement was also collected by
the investigating officer, in which Rs. 18,000 was credited by the co-
accused Manjeet @ D.K. Tewatiya. No specific allegations have been
                                                        BAIL No. 20045 of 2026
                                2


levelled against the applicant. Charge-sheet has been submitted in the
matter. Co-accused D.K. Teotia has been granted anticipatory bail by co-
ordinate Bench of this Court vide order dated 17.2.2026 in Criminal Misc.
Anticipatory Bail Application U/s 482 BNSS No. 1590 of 2026. Other co-
accused namely Ram Singh, Amar Singh, Lokendra, and Ankit Singh
have also granted bail by this Court vide orders dated 24.8.2026,
24.8.2026, 31.8.2026 and 31.8.2026 passed in Criminal Misc. Bail
Application Nos. 11041 of 2026, 10904 of 2026, 13676 of 2026 and
15012 of 2026, respectively. He next submitted that except the present
case, the applicant is not having any other criminal history and he is
languishing in jail since 23.3.2026. 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.

The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.

Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

Let applicant, Abhishek Yadav be released on bail in the aforesaid case
on his executing a personal bond and furnishing two sureties each in the
like amount to the satisfaction of the court concerned subject to the
following conditions:-

(i). The applicant will not tamper with the evidence during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
                                                                                           BAIL No. 20045 of 2026
                                                                   3


                                    which he is accused, or suspected, of the commission of which he is
                                    suspected.

                                    (v). 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.

                                    It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    In case of breach of any of the above conditions, the trial court will be at
                                    liberty to cancel the bail.

                                    It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and
                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                       (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    Brijesh




Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad


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