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Allahabad High Court

HITESH AGRAWAL @ GOLDIversusSTATE OF U.P.

Decided

Holding

The court allowed the bail application, granting bail to the applicant subject to conditions.

Summary

The applicant, Hitesh Agrawal, was arrested in connection with a case (Crime No. 855 of 2025) involving offences under Sections 338, 336(3), 340(2) and 318(2) of the Indian Penal Code. He claimed innocence, stating he was merely an employee of the alleged company and had no criminal history, and highlighted that a co-accused had already been granted anticipatory bail. The State opposed bail but did not refute the applicant's assertions. The court, after considering the nature of the allegations, the gravity of the offences, the period of custody and the applicant's clean record, decided that the case was suitable for bail without expressing a view on the merits. Accordingly, the court ordered the release of the applicant on personal bond and two sureties, subject to standard bail conditions, and retained the power to cancel bail on breach.

Issues considered

  • Whether bail should be granted to the accused in a case involving serious IPC offences.
  • Whether the applicant's lack of criminal history and the duration of custody justify bail.
  • Whether the court can impose conditions on bail without deciding on the merits of the case.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • serious offences
  • sureties
  • court conditions

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30546 of 2026

Hitesh Agrawal @ Goldi
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)           : Satya Prakash Singh, Seema Singh
Counsel for Opposite Party(s)      : G.A.

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

1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.

2. The applicant is involved in Case Crime No. 855 of 2025 under
Sections -338, 336(3), 340(2), 318(2) BNS Police Station -Sahibabad
District - Ghaziabad.

3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is further submitted
that the applicant was only the employee of the alleged company.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. It is next submitted that the co-accused Yogesh Kumar has
already been granted anticipatory bail by this Court vide order dated
07.09.2026 passed in Criminal Misc. Anticipatory Bail Application U/S
482 BNSS No. 8172 of 2026. There is no criminal history against the
applicant. The applicant is in jail since 12.08.2026. 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. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicant.

5. Considering the submission of learned counsel for the parties, facts of
                                                                                            BAIL No. 30546 of 2026
                                                                    2


                                    the case, nature of allegation and period of custody, gravity of offence,
                                    without expressing any opinion on the merits of the case, the Court is of
                                    the opinion that it is a fit case for bail. Hence, the bail application is
                                    hereby allowed.

                                    6. Let the applicant -Hitesh Agrawal @ Goldi involved in the aforesaid
                                    case be released on bail on furnishing a personal bond and two sureties
                                    each in the like amount to the satisfaction of the court concerned subject
                                    to 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
                                    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.

                                    7. In case of breach of any of the above conditions, the court below shall
                                    be at liberty to cancel the bail.



                                                                                        (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    S.K.




Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad


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