Allahabad High Court
YOGESH KUMARversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the bail application is a fit case for bail and allowed it.
Summary
Yogesh Kumar was arrested in connection with a case (Crime No. 06 of 2026) involving offences under Sections 115(2), 118(1), 118(2), 351(2), 352 and 109(1) of the Indian Penal Code. He sought bail, claiming innocence and arguing that co‑accused who faced identical charges had already been released on bail. The State opposed the bail but did not refute the applicant's factual submissions. The court examined the nature of the allegations, the gravity of the offences, the period of custody and the principle of parity with the co‑accused. Without expressing an opinion on the merits, the court found the case suitable for bail and imposed standard conditions to prevent tampering with evidence or intimidation of witnesses. Consequently, the bail application was allowed, subject to a personal bond and two sureties.
Issues considered
- Whether Yogesh Kumar is entitled to bail despite the serious nature of the offences alleged against him
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 118(1), 118(2), 351(2), 352
Subjects
- bail
- criminal procedure
- IPC
- parity
- evidence tampering
- witness intimidation
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31708 of 2026
Yogesh Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aditya Vardhan Singh
Counsel for Opposite Party(s) : G.A., Laxmi Paswan, Pankaj Kumar
Mishra
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. 06 of 2026, under
Sections 115(2), 118(1), 118(2), 351(2), 352, 109(1) BNS, P.S.- Ramghat,
District- Bulandshahar.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is next submitted
that the co-accused Brajesh Kumar, Devendra Kumar and Jagveer Singh
have already been granted bail by this Court vide orders dated
11.06.2026, 06.07.2026 and 21.08.2026 passed in Criminal Misc. Bail
Application Nos. 18339 of 2026, 21576 of 2026 and 28536 of 2026. The
applicant's case is identical to the co-accused and he is also entitled to bail
on the ground of parity. There is criminal history of one case bearing Case
Crime No.0004 of 2026, copy of the FIR has been submitted today in the
Court. The applicant is in jail since 23.07.2026. 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.
BAIL No. 31708 of 2026
2
5. Considering the submission of learned counsel for the parties, facts of
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 - Yogesh Kumar 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 9, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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