Allahabad High Court
YADRAMversusSTATE OF U.P.
- Decided
Holding
The court granted bail to the applicant subject to a personal bond and specified conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Yadram, who is accused of embezzling Rs.2,28,000 by transferring customers' bank funds to his own account. The charges include IPC sections 420, 467, 468, 471 and Section 66 of the Income Tax Act, with a chargesheet already filed and the applicant detained since 27 June 2025. The applicant’s counsel argued that the trial is likely to be prolonged and that the applicant would not misuse liberty if released, while the State opposed bail on grounds of deliberate fraud. After reviewing the record, the judge found the case suitable for bail without commenting on the merits and ordered release on a personal bond of Rs.50,000 with two sureties and several conditions to prevent tampering or intimidation of witnesses. The order emphasized that it is limited to bail and does not affect the trial court’s independent assessment of the case.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under IPC 420, 467, 468, 471 and IT Act Section 66.
- Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Income Tax Act — s. 66
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- bail
- fraud
- embezzlement
- IPC
- Income Tax Act
- Section 483
- criminal procedure
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37088 of 2025
Yadram
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Ashok Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ashok Kumar, learned counsel for the applicant, Sri B.P. Maurya, learned
AGA for the State-respondents and perused the record.
2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on
bail in Case Crime No. 470 of 2017 under Sections 420, 467, 468, 471 IPC and 66 I.T.
Act, registered at Police Station Qadar Chowk, District Budaun during pendency of
the trial.
3. It has been argued by learned counsel for the applicant that as per the FIR, applicant
who was working in Grahak Seva Kendra is said to have committed embezzlement to
the tune of Rs.2,28,000/- by deliberately transferring the amount from the bank
account of the customers to his own bank account. It is further submitted that
chargesheet in the case has been filed and the applicant is languishing in jail since
27.6.2025. It is also submitted that the applicant undertakes that he will not misuse the
liberty, if granted. It has also been pointed out that in the wake of heavy pendency of
cases in the Court, there is no likelihood of any early conclusion of trial.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the
applicant and submits that applicant has deliberately acted fraudulently.
5. As per allegations in the FIR, applicant who was working in Grahak Seva Kendra is
said to have committed embezzlement to the tune of Rs.2,28,000/- by transferring the
amount from the bank account of the customers to his own bank account. Chargesheet
in the case has been filed and the applicant is languishing in jail since 27.6.2025.
6. Upon considering the totality of facts, nature and the evidence reflected from record
and without expressing any opinion on merits of the case, I find it to be a fit case for
bail. Hence, the present bail application is ALLOWED.
7. Let the applicant Yadram involved in the aforesaid case crime be released on bail
BAIL No. 37088 of 2025
2
on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like
amount to the satisfaction of the Court concerned with the following conditions :-
(i) 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.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates
fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement
under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any
adjournment on the dates fixed for evidence when the witnesses are present in the trial
court.
(v) The applicant shall remain present before the trial court on each date fixed, either
personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as an expression
on the merits of the case. The trial court shall be absolutely free to arrive at its
independent conclusions on the basis of evidence led unaffected by anything said in
this order.
May 6, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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