Allahabad High Court
YADRAMversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed, and the applicant is released on bail with 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 was arrested in connection with a 2017 case alleging offences under IPC sections 420, 467, 468, 471 and IT Act section 66. The applicant, an employee of a State Bank of India customer service centre, claimed false implication and had been in custody since 27 June 2025, while the prosecution alleged he embezzled Rs.4,80,000 from ten customers. The court examined the nature of the alleged offences, the pending trial, and the applicant’s willingness to cooperate, without expressing an opinion on the merits. Finding the circumstances suitable for bail, the court ordered his release on a personal bond of Rs.50,000 with two sureties and imposed conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future judgment.
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 66.
- Whether the nature of the alleged embezzlement and the applicant’s conduct warrant denial of bail.
- Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Indian Penal Code — s. 420, 467, 468, 471
- Information Technology Act — s. 66
Subjects
- bail
- embezzlement
- IPC
- IT Act
- Section 483 B.N.S.S.
- court conditions
- false implication
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 38121 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. Singh, 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. 266 of 2017 under Sections 420, 467, 468, 471 IPC and
section 66 I.T. Act, registered at Police Station Qadar Chowk, District Budaun during
pendency of the trial.
3. It has been argued by the learned counsel for the applicant that applicant has been
falsely implicated in this case and he has been languishing in jail since 27.6.2025. It is
further submitted that applicant is an employee of Grahak Seva Kendra of State Bank
of India and he is said to have committed embezzlement of Rs.3,40,000/- from bank
accounts of ten customers. It is further submitted that chargesheet in the case has been
submitted and the applicant is willing to co-operate in the trial. 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 committed embezzlement in the bank account
of ten customers and has received Rs.40,000/- from each of them and Rs.10,000/- each
from eight other customers and total of Rs.4,80,000/- has been credited to the bank
account of the applicant from the said embezzlement.
5. As per allegations in the FIR, applicant who was serving as a representative in
Grahak Seva Kendra, is said to have received Rs.40,000/- each from ten customers
and Rs.10,000/- each from eight other customers in his bank account. Chargesheet in
the case has been submitted 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
BAIL No. 38121 of 2025
2
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
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.
April 23, 2026
Madhurima
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
MADHURIMA GARG
High Court of Judicature at Allahabad
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