Allahabad High Court
ADITYA VIKRAM SINGHversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
Bail was granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court of Allahabad considered a second bail application filed by Aditya Vikram Singh, who had been in custody since July 2024 for offences under Sections 140(1), 333, 324(4), 115(2) and 191(2). The applicant argued that he was falsely implicated, had no prior criminal record, and that co‑accused in the same case had already been granted bail. The State opposed bail but could not refute the precedent of bail being granted to similarly situated co‑accused. The Court noted the large number of prosecution witnesses, some of whom were hostile, and the likelihood of a lengthy trial, but also recognized the risk of witness tampering and the seriousness of the charges. Balancing these factors, the Court concluded that bail could be granted subject to strict conditions. Consequently, the Court ordered the release of the applicant on personal bond and two reliable sureties, imposing conditions against tampering, intimidation, and non‑appearance.
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 charges and evidence
- Whether the precedent of bail granted to co‑accused in the same case influences the decision
Legislation cited
Subjects
- bail
- criminal procedure
- Section 483
- Bharatiya Nagarik Suraksha Sanhita
- witness tampering
- sureties
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 1267 of 2026
Aditya Vikram Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghuvansh Misra, Shubham Kumar
Yadav, Shubhendu Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Raghuvansh Mishra, learned counsel for the applicant and
Shri Arimardan Yadav, learned A.G.A. for the State-respondent and
perused the record.
This is the second bail application filed by the applicant. The first bail
application filed by the present applicant has been rejected by this Court by
means of a detailed order dated 25.8.2025 passed in Criminal Misc. Bail
Application No. 5476 of 2025, a copy of which has been brought on record
as Annexure-1 to the bail application.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Aditya
Vikram Singh, seeking enlargement on bail in Case Crime No. 283 of
2024, under Sections 140 (1), 333, 324 (4), 115 (2), 191 (2), B.N.S.
Police Station- Kotwali, District-Basti, during pendency of trial.
In support of this second bail application, learned counsel for the applicant
has reiterated the entire submissions made in the first bail application, which
are not necessary to mention herein again by this Court.
Apart from the above, learned counsel for the applicant submits that this
Court while considering the bail application of co-accused Aman in Crl.
Misc. Bail Application No. 44925 of 2025 decided on 22.1.2026 has
considered the fact that statements of PW1 Avinash Singh and PW2 Rishu
BAIL No. 1267 of 2026
2
Pandey have been recorded before the Trial and during their examination,
they have been declared hostile. They have also been cross examined by the
learned DGC, but failed to support the prosecution case. Learned counsel for
the applicant submits that 34 witnesses have been arrayed as prosecution
witnesses in this case and conclusion of the trial may take considerable time.
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 17.07.2024. Learned counsel for the
applicant submits that similarly circumstanced co-accused Aman, Monu
@ Vinay Jaiswal and Pulkit Garg @ Jain, have been granted bail by this
Court in Criminal Misc. Bail Application No. 44925 of 2025, 44944 of
2025 and 44970 of 2025, vide orders dated 22.01.2026, 03.02.2026 and
03.02.2026, respectively. 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. has opposed the prayer for bail of the applicant,
but could not dispute the fact that similarly circumstanced aforesaid co-
accused has already been granted bail by this Court.
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 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, Aditya Vikram Singh, 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
BAIL No. 1267 of 2026
3
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.
February 13, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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