Allahabad High Court
SALONI YADAVversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to the accused, Saloni Yadav, subject to specified conditions.
Summary
Saloni Yadav applied for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case involving alleged offences under Sections 319(2), 318(4), 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 66-D of the Income Tax Act. The applicant claimed innocence, no prior criminal record, and asserted that the FIR did not establish any specific role or evidence linking her to the crimes. The State opposed the bail but could not dispute her clean antecedents. The court examined the seriousness of the charges, the risk of witness tampering, and the prima facie case, concluding that despite the gravity, the applicant posed no flight risk. Accordingly, the court granted bail subject to a personal bond, two sureties, and conditions prohibiting evidence tampering, intimidation of witnesses, and criminal activity. The bail order was issued on 19 March 2026.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 considering the nature of the offences and risk of tampering with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 319(2), 336(3), 340(2)
- Income Tax Act — s. 66-D
Subjects
- bail
- criminal procedure
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- Income Tax Act
- witness tampering
- flight risk
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 8327 of 2026
Saloni Yadav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Nilesh Kumar Dubey, Shashi Shekhar
Maurya, Shivam Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned
AGA for the State-opposite party and perused the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant seeking
enlargement on bail in Case Crime No. 36 of 2026, under Sections 319(2),
318(4), 336(3), 340(2) of the Bharatiya Nyaya Sanhita, 2023, and section
66-D of I.T. Act, Police Station Chiluatal, District Gorakhpur.
Learned counsel for the applicant argued that the accused-applicant is
innocent. She has been falsely implicated in this very case crime number and
is languishing in jail since 23.01.2026. She has no criminal antecedent and
there is no likelihood of her fleeing from course of justice or tampering with
evidence in case of release on bail.
Learned counsel for the applicant submits that no offence as alleged in the
FIR has been made out. Learned counsel for the applicant submits that no
recovery has been effected from the applicant. No specific role has been
assigned to her in the alleged incident. There is no evidence on record
connecting the applicant with the alleged offences. It is further submitted
that the applicant, along with the co-accused persons, was engaged in her
work and had approached the said place in connection with seeking
employment. In the aforesaid circumstances, the present bail application
has been filed.
BAIL No. 8327 of 2026
2
Learned AGA has vehemently opposed, but could not dispute the fact that
applicant has no criminal antecedents.
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, Saloni Yadav, involved in above mentioned case
crime number be released on bail, on her 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:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses and co-
operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the trial court,
unless her 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 her bail.
(Ashutosh Srivastava,J.)
March 19, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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