Allahabad High Court
AKHILESH YADAVversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
Bail was granted because the court found no substantial risk of evidence tampering or flight despite the seriousness of the charges.
Summary
The High Court considered a bail application filed by Akhilesh Yadav, who was arrested in connection with a case under Sections 420 and 120‑B of the Indian Penal Code relating to a disputed property transaction. The applicant claimed innocence, stating that he merely returned Rs. 20 lakh to the informant and that there were no independent witnesses against him. The prosecution opposed bail but did not refute the applicant’s factual contentions. The court examined the seriousness of the charges, the severity of possible punishment, and the risk of evidence tampering or flight, noting the applicant’s clean record and lack of custodial interrogation need. Finding no substantial likelihood of the applicant interfering with the investigation, the court allowed the bail application subject to personal bond, sureties and strict conditions. The order directed his release on bail with the usual safeguards.
Issues considered
- Whether bail should be granted to an accused charged under Sections 420 and 120‑B of the IPC considering the nature of the offence and the risk of tampering or flight
- Whether the applicant’s lack of criminal antecedent and the absence of independent witnesses justify bail
Legislation cited
- Indian Penal Code — s. 120-B, 420
Subjects
- bail
- IPC 420
- IPC 120-B
- criminal procedure
- sureties
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37015 of 2025
Akhilesh Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Pravesh Yadav, Swatantra Kumar
Rai, Sr. Advocate
Counsel for Opposite Party(s) : Manish Gupta, G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Sri Ajay Singh, learned AGA for
the State-Respondent and perused the record.
This bail application has been moved on behalf of accused-applicant seeking
enlargement on bail in Case Crime No. 637 of 2024, under Sections 420,
120-B of the IPC, Police Station Cantt, District Gorakhpur.
Learned counsel for the applicant argued that the accused-applicant is
innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that the applicant is
working as Broker in Krishna Builder. He submits that an agreement to sale
was executed between the first informant and Ranjeet Singh and when
Ranjeet Singh denied to sale the alleged property, Rs. 20 Lacs was returned
to the informant from the account of the applicant. He submits that there is
no independent witness of the alleged incident. He submits that in the
present case, charge-sheet has been filed on 18.09.2025 and cognizance has
also been taken by the court concerned on 07.11.2025 as such the applicant
is not required for any custodial interrogation. The applicant is languishing
in jail since 14.09.2025. He submits that the applicant has no criminal
antecedent to his credit. He submits that there is no likelihood of his fleeing
from course of justice or tampering with evidence in case of release on bail.
Hence, the bail has been prayed for.
Learned counsel for the AGA has vehemently opposed, but could not dispute
the aforesaid fact raised by learned counsel for the applicant.
BAIL No. 37015 of 2025
2
Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima-
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Akhilesh Yadav, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
May 5, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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