Allahabad High Court
MUKESHversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Mukesh, who was arrested in a case involving multiple serious offences under the same Act and the Aadhar Card Act. The applicant claimed innocence, asserted that he was not named in the FIR and was only mentioned in a co-accused's confessional statement, and highlighted his lack of prior criminal record and the prolonged pre‑trial detention since 10 March 2026. The State opposed bail, but the court noted that the co‑accused Vinod and Veerpal had already been granted bail in related applications. After reviewing the facts and the nature of the evidence, the court, without expressing an opinion on the merits, found the case suitable for bail. Accordingly, the court ordered Mukesh’s release on bail upon furnishing a personal bond of Rs. 50,000 with two sureties, subject to strict conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether bail should be granted to the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the charges.
- Whether the applicant’s absence from the FIR and presence only in a co‑accused’s confessional statement affect his eligibility for bail.
- Whether the applicant’s lack of criminal history and the pendency of the trial justify the grant of bail.
Legislation cited
- Aadhar Card Act — s. 36, 42
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 316(2), 318(4), 336(3), 338, 340(2), 351(3), 352, 483
Subjects
- bail
- criminal procedure
- presumption of innocence
- surety
- conditions of bail
- section 483
- B.N.S.
- Aadhar Card Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13491 of 2026
Mukesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Arvind Kumar Mishra, learned counsel for the applicant,
and Shri O.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.67 of 2025, under
Sections 318(4), 316(2), 338, 340(2), 352, 351(3), 336(3) of B.N.S. and
Section 36/42 of Aadhar Card Act, registered at Police Station Bahjoi,
District Sambhal, 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 Vinod and Veerpal
have already been granted bail by the Co-ordinate Bench of this Court
vide orders dated 21.07.2025 and 21.07.2025 passed in Criminal Misc.
Bail Application Nos.21015 of 2025 and 13146 of 2025. It is further
submitted that the applicant is not named in the first information report
and his name has surfaced in the confessional statement of arrested co-
accused Veerpal. It is further submitted that the applicant is languishing in
jail since 10.03.2026 and the applicant is having no criminal history,
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.
BAIL No. 13491 of 2026
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4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Co-accused Vinod and Veerpal have already been granted bail by the
Co-ordinate Bench of this Court vide orders dated 21.07.2025 and
21.07.2025 passed in Criminal Misc. Bail Application Nos.21015 of 2025
and 13146 of 2025. It is further submitted that the applicant is not named
in the first information report and his name has surfaced in the
confessional statement of arrested co-accused Veerpal. It is further
submitted that the applicant is languishing in jail since 10.03.2026 and the
applicant is having no criminal history.
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- Mukesh 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
BAIL No. 13491 of 2026
3
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.
(Jitendra Kumar Sinha,J.)
May 7, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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