Allahabad High Court

SATYAM YADAVversusSTATE OF U.P.

Decided: 17 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The court held that prima facie a case for bail exists and allowed the bail applications.

Summary

The Allahabad High Court considered bail applications filed by Satyam Yadav and Rohit Tiwari @ Gore in a case involving alleged assault at a liquor shop, where the victims suffered injuries, including a fracture to the parietal bone. The applicants claimed false implication and argued that the injuries were not life‑threatening, while the prosecution highlighted the seriousness of the injuries, the applicants' prior criminal records, and the risk of witness tampering. The court noted the absence of CCTV footage, the delay in filing the FIR, and that the charge‑sheet had been filed, indicating no further custodial interrogation was required. After weighing these factors, the court found that a prima facie case for bail existed. Consequently, the bail applications were allowed subject to personal bond, sureties, and conditions prohibiting tampering with evidence, intimidation of witnesses, and further criminal activity.

Issues considered

Whether bail should be granted despite allegations of grievous injuries to the victims.
Whether the applicants' prior criminal history and alleged propensity to tamper with evidence warrant denial of bail.
Whether the lack of CCTV evidence and delay in filing the FIR affect the bail decision.
Whether the nature of the injuries (dangerous to life) justifies continued detention.

Legislation cited

B.N.S. — s. 109, 115(2)

Subjects

bail
criminal procedure
false implication
injury
repeat offender
witness tampering
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 8292 of 2026

Satyam Yadav
.....Applicant(s)

Versus

State of U.P.
.....Opposite Party(s)

Along with :

1. Criminal Misc. Bail Application No. 5583 of 2026:
Rohit Tiwari @ Gore
Versus
State of U.P.

Counsel for Applicant(s) : Ajay Kumar Pandey
Counsel for Opposite Party(s) : G.A., Gyanendra Singh

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicants, Sri Gyanendra Singh, the
Learned counsel for the informant, Learned A.G.A. for the State and
perused the record.

2. The instant bail applications have been filed with a prayer to release the
applicants on bail in Case Crime No.354 of 2025, under Sections 115(2),
109 of B.N.S., Police Station- Kotwali Dehat, District- Banda.

3. The Learned counsel for the applicants submits that the applicants have
been falsely implicated in the present case. The case pertains to night
incident at a liquor shop, where the injured Dev Sharan and Pramod were
supposedly the salesmen. The Learned counsel for the applicants contends
that a general role of assault has been given to both the accused. The
injuries that have been received by the injured were not dangerous to life.
The Learned counsel for the applicants further contends that at the liquor
shop, some dispute occurred and the applicants have been falsely
implicated in the crime in question. For the applicant Rohit Tiwari @
Gore, the Learned counsel for the applicant contends that he is a
differently abled person who has a loco-motor disability and also has
diminished vision in one eye.
BAIL No. 8292 of 2026
2

4. Sri Gyanendra Singh, the Learned counsel for the informant, on the
other hand, has opposed the prayer for grant of bail and has contended
that grievous injuries have been caused by the applicants to salesmen.
The injured Dev Sharan, who is an old man aged about 62 years has
suffered a fracture in the parietal bone. The CT Scan shows life
threatening injuries and no indulgence may be granted to the applicants.
The applicant Satyam Yadav has a criminal history of 8 cases and the
applicant Rohit Tiwari has one criminal case to his credit. The applicants
are repeat offenders, who are likely to threaten the witness and tamper
with the evidence.

5. The Learned A.G.A. has also supported the contentions raised by the
Learned counsel for the informant.

6. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

7. The applicants Satyam Yadav and Rohit Tiwari @ Gore are stated to be
in jail since 30.12.2025 and 26.12.2025. A general role has been assigned
to the applicants of causing injuries on the injured Dev Sharan and
Pramod. The injured Pramod has received a single injury and the injured
Dev Sharan is said to have received three injures. The injures although
have been opined to be dangerous to life, however, the incident in
question is said to be a night incident. The First Information Report has
been lodged after more than five hours. There is no CCTV footage of the
incident. The criminal antecedent of the applicant Satyam Yadav has
satisfactorily been explained and he is not a previous convict. The solitary
case shown against the applicant Rohit Tiwari is said to have resulted in
filing of a final report in favour of the applicant. A charge-sheet has also
been submitted and the applicants are no longer required for any custodial
interrogation.

8. Taking into account all the facts and circumstances of the case, the
period of detention as well as the other facts as mentioned above, prima
facie, a case for bail is made out.

9. The bail applications are allowed.
BAIL No. 8292 of 2026
3

10. Let the accused-applicants- Satyam Yadav & Rohit Tiwari @ Gore,
involved in above mentioned case crime number be released on bail, on
their executing a personal bond and two reliable sureties (heavy sureties
for the applicant Satyam Yadav) each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:

i. The applicants will not tamper with the evidence.

ii. The applicants will not indulge in any criminal activity.

iii. The applicants will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicants will appear regularly on each and every date fixed by
the trial court, unless their personal appearance is exempted by the court
concerned.

11. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel their bail.

12. It is made clear that the applicants shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

13. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicants.

14. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.

(Rajiv Lochan Shukla,J.)
May 18, 2026
Sachin

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

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