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2026 Supreme(Online)(All) 1335

HIGH COURT OF JUDICATURE AT ALLAHABAD
Jitendra Kumar Sinha, J
YASH GOYAL – Appellant
Versus
STATE OF U.P. AND ANOTHER – Respondent
CRIMINAL MISC. BAIL APPLICATION No. - 15001 of 2026



Advocates:
For the Appellants/Petitioners: Abhimanyu Singh Chauhan, Dharmendra Singh Chauhan
For the Respondents: G.A.

Bail may be granted when no specific role is attributed to the accused in the FIR, even in the presence of a criminal history, provided the totality of facts and evidence supports the release.

Headnote:The applicant sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Case Crime No. 230 of 2026, involving charges under Sections 191(2), 191(3), 125, 109(1), 115(2), 352, 351(3) of the BNS and Section 7 of the Criminal Law Amendment Act. The facts indicate that while the FIR mentions several named and unknown persons involved in a fight, no specific role was attributed to the applicant. The court noted the applicant's criminal history but found the circumstances suitable for bail. The primary issue was whether the applicant should be released on bail pending trial. The court reasoned that since no specific role was assigned to the applicant in the FIR and considering the totality of facts and evidence reflected in the record, the applicant is a fit case for bail. Hence, the present bail application is ALLOWED.

Table of Content
1. procedural background and case details regarding the bail application. (Para 1 , 2 , 3)
2. arguments regarding innocence, lack of specific role, and state opposition. (Para 4 , 5)
3. court's finding on lack of specific role justifying bail. (Para 6 , 7)
4. terms, conditions, and final orders for bail release. (Para 8 , 9 , 10)

1. Computer generated bail orders filed by the learned counsel for the applicant are taken on record.

2. Heard Sri Abhimanyu Singh, learned counsel for the applicant and Sri B.P. Maurya, learned AGA for the State-respondents and perused the record.

3. 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. 230 of 2026, under Sections 191(2), 191(3), 125, 109(1), 115(2), 352, 351(3) BNS and Section 7 of Criminal Law Amendment Act, registered at Police Station Banna Devi, District Aligarh, during pendency of the trial.

4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 16.3.2026. It is further submitted that as per FIR 12 named and 10-12 unknown persons are said to have indulged in fighting with each, however, no specific role has been assigned to the applicant. It is also submitted that the applicant is having criminal history, which has been duly explained in the memo of application. 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.

5. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant.

6. As per FIR 12 named and 10-12 unknown persons are said to have indulged in fighting with each, however, no specific role has been assigned to the applicant. The applicant is having criminal history, which has been duly explained in the memo of application.

7. 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

8. Let the applicant- Yash Goyal 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.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

10. 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.

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