Allahabad High Court
AKHAND PRATAP SINGH @ VIKKI SINGHversusSTATE OF U.P.
- Decided
Holding
The Court granted bail to the applicant.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Akhand Pratap Singh, who was charged with offences under multiple sections of the same Act and Section 66-D of the Information Technology Act. The applicant claimed innocence, alleged false implication, and pointed to the earlier grant of bail to a co‑accused. The State opposed bail, highlighting the recovery of a mobile phone and cheque book and the freezing of a bank account. After reviewing the record, the Court, without expressing a view on the merits, found the case suitable for bail and ordered release on a personal bond of Rs. 50,000 with two sureties, imposing standard conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future determination of guilt.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the nature of the charges and the evidence.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(4), 336, 338, 340, 341, 3(5), 351(3), 483, 61(2)
- Information Technology Act, 2000 — s. 66-D
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Information Technology Act
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13371 of 2026
Akhand Pratap Singh @ Vikki Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sudhakar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Sudhakar Singh, learned counsel for the applicant, and Shri
B.P. Singh, learned AGA for the State-respondents and perused the record.
2. 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.76 of 2026, under Sections 318(4),
351(3), 336, 338, 340, 341, 3(5), 61(2) of B.N.S. and Section 66-D of I.T.
Act, registered at Police Station AIIMS, District Gorakhpur, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that co-accused Dhruv Sahni has
already been granted bail by this Court vide order dated 30.04.2026 passed
in Criminal Misc. Bail Application No.14503 of 2026. It is further submitted
that as per allegations in the first information report, one mobile phone and
one cheque book is said to have been recovered from the possession of the
applicant. It is further submitted that the applicant is languishing in jail since
24.03.2026, 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.
4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant.
5. Co-accused Dhruv Sahni has already been granted bail by this Court vide
order dated 30.04.2026 passed in Criminal Misc. Bail Application No.14503
of 2026. It is further submitted that the bank account of the first informant
has been freezed by the concerned bank and it is alleged that the said
BAIL No. 13371 of 2026
2
account was being operated by the co-accused and as per allegations in the
first information report, one mobile phone and one cheque book is said to
have been recovered from the possession of the applicant. It is further
submitted that the applicant is languishing in jail since 24.03.2026.
6. 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.
7. Let the applicant- Akhand Pratap Singh @ Vikki Singh involved in the
aforesaid case crime shall 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 :-
(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.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. 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.
May 6, 2026
RKM
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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