Allahabad High Court
GOVIND YADAV @ SHUBHAMversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail as the case is fit for such relief, without expressing any opinion on the merits.
Summary
The High Court considered a bail application filed by Govind Yadav, who is accused under IPC sections 310(2) and 317(3) in a case registered at Police Station Tharvai, Prayagraj. The applicant claimed he was falsely implicated, not named in the FIR, and that only Rs.350 was recovered from his possession. The prosecution opposed bail but did not dispute the applicant's contentions. After reviewing the record and the nature of the allegations, the court, without commenting on the merits, found the case suitable for bail and ordered his release on personal bond and two sureties, subject to conditions of appearance, non‑interference with witnesses, and non‑engagement in criminal activity. The court also clarified that its observations are limited to the bail application and will not affect the trial's merits.
Issues considered
- Whether the applicant is entitled to bail despite being charged under IPC sections 310(2) and 317(3)
- Whether the alleged false implication and minimal seizure of Rs.350 justify granting bail
Legislation cited
- Indian Penal Code — s. 310(2), 317(3)
Subjects
- bail
- IPC 310
- IPC 317
- false implication
- sureties
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34817 of 2026
Govind Yadav @ Shubham
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Md Sabir, Mohd. Israr
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. and perused
the record.
2. The applicant is involved in Case Crime No. 220 of 2026 under
Sections -310(2), 317(3)BNS Police Station Tharvai District Prayagraj.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is next
submitted that the applicant is not named in the FIR and his name came into
the light in the confessional statement of the co-accused. It is further
submitted that only Rs.350/- has been recovered from the possession of the
applicant. 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. The applicant is in jail since 04.09.2026.
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. 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. 34817 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 @ Shubham 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 30, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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