Allahabad High Court
YOGESHWAR JAISWALversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The bail application is allowed.
Summary
The High Court considered a bail application filed by Yogeshwar Jaiswal in Criminal Misc. Bail Application No. 31641 of 2026, seeking release in a case registered under Sections 303(2), 317(2), 111(2)(b), 317(4) and 3(5) of the BNS. The applicant claimed false implication, stating that the FIR was lodged against unknown persons and that his name surfaced only through statements of other accused who had already been granted bail. The State opposed bail but did not dispute the similarity of the applicant's situation to the co‑accused who were released on bail. The Court noted the absence of an independent witness, the applicant’s clean prior record, and the prima facie case for bail. Accordingly, the Court allowed the bail application subject to a personal bond, two sureties and conditions restricting tampering with evidence, criminal activity, intimidation of witnesses and ensuring regular court appearances. The order also directed electronic release procedures and clarified that the observations were limited to the bail application.
Issues considered
- Whether the applicant, Yogeshwar Jaiswal, is entitled to bail despite being implicated solely on the basis of co‑accused statements.
- Whether the similarity of the applicant's case to that of co‑accused already released on bail creates a prima facie case for bail.
- Whether the absence of an independent witness and the applicant's clean prior record justify granting bail.
Legislation cited
- BNS — s. 111(2)(b), 303(2), 317(2), 317(4), 3(5)
Subjects
- bail
- criminal procedure
- false implication
- recovery memo
- sureties
- court conditions
- prima facie case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31641 of 2026
Yogeshwar Jaiswal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghvendra Prakash
Counsel for Opposite Party(s) : G.A.
Court No. - 71
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.356 of 2026, under Sections 303(2),
317(2), 111(2)(b), 317(4), 3(5) of BNS, P.S.- Kotwali, District-
Azamgarh.
3. Learned counsel for the applicant has contended that the applicant has
been falsely implicated in the present case. The F.I.R. was lodged against
unknown persons. Police supposedly arrested three other accused and on
their statement, the name of the applicant and the co-accused Vinod
Jaiswal and Brijesh Kumar Gupta was disclosed. The Learned counsel for
the applicant has contended that co-accused Vinod Jaiswal and Brijesh
Kumar Gupta have been granted bail by this Court in Criminal Misc.
Bail Application Nos. - 30110 of 2026 and 30497 of 2026. The case of
the applicant stands on a similar footing to that of the co-accused. The
applicant had no previous criminal case to his credit but after his arrest on
the basis of the same recovery memo, he has been implicated in seven
cases.
4. Learned A.G.A. has opposed the prayer for bail but does not dispute
the fact that the applicant's case stands on a similar footing to that of the
co-accused nor the fact that the applicant has no other criminal history
except the cases arising from the instant recovery memo.
BAIL No. 31641 of 2026
2
5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.
6. The name of the applicant has surfaced during investigation. There is
no independent witness to the recovery. The applicant is in jail since
07.07.2026 having no previous criminal case to his credit except the cases
which have been registered on the basis of the recovery memo in
question. Case of the applicant stands on a similar footing to that of co-
accused Vinod Jaiswal and Brijesh Kumar Gupta, who have already been
enlarged on bail by this Court in Criminal Misc. Bail Application Nos. -
30110 of 2026 and 30497 of 2026.
7. Taking into account all the facts and circumstances of the case, prima
facie, a case for bail is made out.
8. The bail application is allowed.
9. Let the accused-applicant- Yogeshwar Jaiswal, involved in above
mentioned case crime number be released on bail, on his 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:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.
10. In the event of breach of any of the aforesaid conditions, the trial
Court will be at liberty to proceed to cancel his bail.
11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
BAIL No. 31641 of 2026
3
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
13. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.
(Rajiv Lochan Shukla,J.)
September 9, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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