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Ramesh Yadav vs State Of U.P.

Allahabad High Court6 May 2026

Ratio decidendi

The rule this decision rests on

Where an application for bail is made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 during the pendency of trial, the court must consider the nature of accusations, severity of the punishment in case of conviction, nature of supporting evidence, and reasonable apprehension of tampering with witnesses, and if these considerations together establish a prima facie case for bail, the applicant may be released on bail with conditions including personal bond and reliable sureties. The court may impose conditions on bail and retains the liberty to cancel bail in the event of breach of any such conditions.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

HIGH COURT OF JUDICATURE AT ALLAHABADNeutral Citation No. - 2026:AHC:104773HIGH COURT OF JUDICATURE AT ALLAHABADCRIMINAL MISC. BAIL APPLICATION No. - 31273 of 2025Ramesh Yadav.....Applicant(s)VersusState of U.P......Opposite Party(s)Counsel for Applicant(s):Sudhanshu PandeyCounsel for Opposite Party(s):Aushim Luthra, G.A., Irshad HusainCourt No. - 68HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Sudhanshu Pandey, learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State, Shri Aushim Luthra, learned counsel for the first informant and perused the record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicant, Ramesh Yadav, seeking enlargement on bail in Case Crime No. 970 of 2024, under Sections 419, 420, 467, 468, 471, 506, 120-B IPC, Police Station Kotwali, District Deoria during the pendency of the trial before the Court below.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 1.6.2025. Learned counsel for the applicant submits that there is a dispute of deposit of money between licensee and the Manager. Learned counsel for the applicant submits that Reena Kediya, stockiest, in her statement stated that main accused of the occurrence is Ajay Tiwari, who works there as a Manager and used to look after all the business related affairs and the applicant was working in the shop. Learned counsel for the applicant submits that role of the applicant is clearly distinguishable from main accused Ajay Tiwari. Learned counsel for the applicant submits that charge sheet in this case has already been filed on 24.8.2025. Further custodial interrogation of the applicant is no more required. Applicant is ready to face trial. Applicant has one case of criminal antecedent, which has sufficiently been explained and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for.

Learned AGA as well as learned counsel for the first informant vehemently opposed the prayer for bail.

Considering all above 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, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Ramesh Yadav, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable heavy sureties (not below Rs.1 lacs) 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.

(Ashutosh Srivastava,J.)

May 6, 2026

Ravi Prakash

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