Allahabad High Court

KISHORversusSTATE OF U.P.

Decided: 6 May 2026
Bench: ASHUTOSH SRIVASTAVA

Holding

Bail was granted to the accused, Kishor, subject to a personal bond, sureties and specified 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 Kishor, who was arrested in connection with a 2021 incident and charged under IPC sections 420, 406, 467, 468, 471 and 120‑B. The applicant argued that the FIR was lodged four years after the alleged offence, that he was falsely implicated, and that the co‑accused Rakesh Jaiswal had already been granted bail. The prosecution opposed bail, citing the seriousness of the offences and a prima facie risk of witness tampering. The court, after weighing the delay in filing the FIR, the lack of criminal antecedents, and the absence of examined prosecution witnesses, found that reasonable apprehension of tampering existed but did not preclude bail. Consequently, the court granted bail subject to a personal bond, two sureties, and conditions prohibiting evidence tampering, criminal activity, intimidation of witnesses, and mandating regular court appearances.

Issues considered

Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the charges under the IPC.
Whether the delay in lodging the FIR and the alleged false implication justify bail.
Whether there is a reasonable apprehension of witness tampering or flight that warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 483
Indian Penal Code — s. 120-B, 406, 420, 467, 468, 471

Subjects

bail
criminal procedure
delay in FIR
witness tampering
IPC offences
presumption of innocence
personal bond

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 12654 of 2026

Kishor
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Rohit Nandan Pandey
Counsel for Opposite Party(s) : G.A.

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

Heard Shri Rohit Nandan Pandey, learned counsel for the applicant, Shri
Yagyavalk Pandey, learned AGA for the State-respondents and perused the
record.

This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Kishor,
seeking enlargement on bail in Case Crime No. 96 of 2025, under Sections
420, 406, 467, 468, 471, 120-B IPC, Police Station Phase-2, District
Gautam Budh Nagar, 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 28.2.2025. Learned counsel for the applicant
submits that for the occurrence happened in the year 2021, FIR in question
has been lodged in the year 2025, without any plausible explanation for
delay in lodging the FIR. Main beneficiary of the transaction is co-accused
Rakesh Jaiswal, whose bank account money has been credited. The applicant
has been made a scapegoat in the present crime by the co-accused person.
Learned counsel for the applicant submits that co-accused Rakesh Jaiswal,
has already been granted bail by co-ordinate Bench of this Court in Crl.
Misc. Bail Application No. 9360 of 2025 on 20.3.2025. Charge sheet in this
case has been filed on 16.5.2025 and cognizance has been taken on
22.5.2025. Total 08 witnesses have been arrayed as prosecution witnesses
BAIL No. 12654 of 2026
2

and till date, none has been examined by the prosecution. Conclusion of trial
may take considerable time. 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.

Learned AGA has 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, Kishor, 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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