Allahabad High Court
KARANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court held that bail should be granted to the applicant as a prima facie case for bail exists.
Summary
The High Court considered a bail application filed by Karan, who was named in an FIR under several IPC offences and CrPC bail provisions. The applicant claimed false implication and lack of any overt act, asserting that the injured's statement identified another co-accused, Rahul, as the assailant. The State opposed bail, arguing that Karan was a primary accused with a motive rooted in a personal dispute. After hearing counsel and examining the injured's statement, the Court found no specific role for Karan and concluded that a prima facie case for bail existed. Accordingly, the Court granted bail subject to a personal bond, sureties, and conditions prohibiting evidence tampering, intimidation of witnesses, and ensuring regular court appearances.
Issues considered
- Whether the applicant, Karan, is entitled to bail despite being named in the FIR under multiple IPC offences.
- Whether a prima facie case for bail exists given the injured's statement exonerating the applicant.
- Whether the applicant's alleged role as a primary accused warrants denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 115, 61
- Indian Penal Code — s. 109, 190, 191, 351, 352
Subjects
- bail
- false implication
- primary accused
- IPC sections
- CrPC sections
- evidence tampering
- witness intimidation
- court appearance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13881 of 2026
Karan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh, Nagesh Dwivedi
Counsel for Opposite Party(s) : Anil Kumar Jaiswal, Dileep Kumar
Yadava, G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard Shri Mangala Prasad Rai, Learned Senior Advocate assisted by
Shri Nagesh Kumar Dwivedi, Learned counsel for the applicant, Learned
A.G.A. for the State, Shri Anil Kumar Jaiswal, Learned counsel for the
informant and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime no.65 of 2026, under Sections 115(2),
352, 351(3), 109(1), 190, 191(2), 191(3), 61(2) BNS, Police Station
Colonelganj, District Prayagraj.
3. Learned Senior Advocate appearing for the applicant states that the
applicant has been falsely implicated in the present case. No overt act or
role of causing any injury has been assigned to the applicant. The
applicant has only been named in the FIR due to previous enmity. He
states that the applicant has falsely been implicated in two previous
criminal cases. The applicant is on bail in the said cases.
4. Learned AGA has opposed the prayer for bail and has contended that
the applicant has been specifically nominated in the present case and he is
one of the primary accused. The motive for the commission of the crime
is the dispute between the applicant and the injured.
5. I have considered the submissions made by Learned counsels for the
parties.
BAIL No. 13881 of 2026
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6. The applicant, although named in the FIR, has not been assigned any
specific role. As the statement of the injured was not received by the
Learned AGA in his instructions, this Court on 04.05.2026 had called the
Investigating Officer to be present in Court. The Investigating Officer,
Shri Ajay Singh Verma, Sub Inspector, P.S. Puramufti, Prayagraj, who
has been investigating the case, has appeared before this Court and has
produced the statement of the injured that has been recorded. A perusal of
the statement of the injured indicates that the applicant was not present on
the spot and the assault on the injured was made by the co-accused Rahul.
7. Taking into account the statement of the injured as well as the entire
facts of the case, a prima facie case for bail is made out.
8. The bail application is allowed.
9. Let the accused-applicant, Karan, 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:
(i) The applicant will not tamper with the evidence.
(ii) The applicant will not indulge in any criminal activity.
(iii) The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
(iv) The applicant will appear regularly on each and every date fixed by
the trial court, unless his personal appearance is exempted by the court
concerned.
10. In the event of breach of any of the aforesaid conditions, the court
concerned will be at liberty to proceed to cancel his bail.
11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
BAIL No. 13881 of 2026
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12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
13. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.
(Rajiv Lochan Shukla,J.)
May 6, 2026
A. Pandey
Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad
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