Allahabad High Court
GOVIND YADAVversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court granted bail to the applicant, subject to personal bond, sureties and conditions.
Summary
The High Court considered a bail application filed by Govind Yadav, who is accused in a criminal case (Crime No. 98 of 2026) involving offences under Sections 296, 333, 352, 115(2), 109(1), 351(3) and 3(5) of the Indian Penal Code. The applicant's counsel argued that he is innocent, has no prior criminal record, and has been in custody since 4 June 2026, contending that he would not misuse bail and would cooperate with the trial. The opposing side, represented by the A.G.A. and counsel, opposed bail but did not dispute the applicant's claim of innocence. After reviewing the record and the nature of the allegations, the Court, without expressing an opinion on the merits, found the case suitable for bail and ordered release on personal bond with two reliable sureties and specific conditions. The Court also clarified that its observations are limited to the bail application and will not affect the trial's merits.
Issues considered
- Whether bail should be granted to the accused Govind Yadav in a case involving multiple serious IPC offences.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 296, 333, 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- Indian Penal Code
- surety
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 23267 of 2026
Govind Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : A.Z. Khan
Counsel for Opposite Party(s) : Ashutosh Kumar, G.A., Harshit Pathak
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned counsel for opposite
party, learned A.G.A. and perused the record.
2. The applicant is involved in Case Crime No. 98 of 2026 under Sections
-296, 333, 352, 115(2), 109(1), 351(3), 3(5) BNS Police Station -Kotwali
Nagar, District Saharanpur.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that the main role has been assigned to the co-accused Om
Prakash. Charge-sheet has been submitted by the Investigating Officer. It
is also submitted that applicant is having no concern with the allegations
levelled against him and he has not committed any offence as alleged by
prosecution. There is no criminal history against the applicant. The
applicant is in jail since 04.06.2026. Therefore, the applicant is entitled
for bail. Learned counsel for the applicant has further submitted that if the
applicant is released on bail, the applicant would not misuse liberty of bail
and is ready to co-operate in the trial.
4. Learned A.G.A. as well as learned counsel for opposite party has
opposed the prayer for bail but he has not disputed the above contention
made by the learned counsel for the accused-applicant.
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
BAIL No. 23267 of 2026
2
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant - Govind Yadav, be released on bail in the aforesaid case
crime number on furnishing a personal bond and two reliable sureties of
the like amount to the satisfaction of the court concerned subject to
following conditions, which are being imposed in the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. 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 9, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
Checking your session…