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Allahabad High Court

VIJAY KUMAR @ BILLAversusSTATE OF U.P.

Decided

Holding

Bail was granted to the accused, Vijay Kumar @ Billa, subject to conditions.

Summary

The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Vijay Kumar @ Billa, who was in custody for offences under Sections 420, 467, 468, 471, 120‑B and 34 of the Indian Penal Code. The applicant’s counsel contended that he was falsely implicated, had no prior criminal record, and posed no flight risk, citing that a co‑accused, Manjeet Singh, had already been granted bail in a similar case. The State and the first informant opposed bail, arguing the seriousness of the charges and the possibility of witness tampering. After weighing the nature of the accusations, the severity of potential punishment, and the prima facie evidence, the court found that a case for bail existed despite not addressing the merits of the trial. Consequently, the court granted bail subject to a personal bond, two reliable sureties, and conditions prohibiting evidence tampering, intimidation of witnesses, and criminal activity. The order also empowered the lower court to cancel bail if any condition is breached.

Issues considered

  • What is the appropriateness of granting bail to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the seriousness of the IPC offences and the risk of tampering with evidence?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC offences
  • Section 483
  • evidence tampering
  • sureties
  • High Court of Allahabad

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 11905 of 2026

Vijay Kumar @ Billa
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :   Syed Ali Imam
Counsel for Opposite Party(s)               :   Ankit Prakash, G.A.

Court No. - 68
                  HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Syed Ali Imam, learned counsel for the applicant, Shri Vijendra
Kumar, learned AGA for the State, Shri Saurabh Srivastava under the
authority of Shri Ankit Prakash, 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, Vijay Kumar
@ Billa, seeking enlargement on bail in Case Crime No. 172 of 2024, under
Sections 420, 467, 468, 471, 120-B, 34 IPC, Police Station Jewar, District
Gautam Buddh Nagar.

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 11.1.2026. Learned counsel for the applicant
submits that similarly circumstanced co-accused Manjeet Singh has already
been enlarged on bail by co-ordinate Bench of this Court on 19.2.2026 in
Criminal Misc. Bail Application No. 6240 of 2026. Applicant has no
criminal antecedent 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.

Per contra learned A.G.A. as well as learned counsel for the first informant
have opposed the prayer for bail of the applicant, but could not dispute the
aforesaid fact.

Considering all above facts and circumstances, the nature of accusations,
                                                                                               BAIL No. 11905 of 2026
                                                                      2

                                    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, Vijay Kumar @ Billa, involved in above
                                    mentioned case crime number be released on bail, on his 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:

                                    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 7, 2026
                                    Ravi Prakash




Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad


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