Allahabad High Court
KAKAversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The Court held that bail should be granted to the accused Kaka subject to 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 the accused Kaka, who was lodged in jail since 7 April 2026 in a complaint case involving offences under Sections 309(6), 352, 351, 74 and 333 of the Bharatiya Nyaya Sanhita, 2023. The applicant's counsel argued that Kaka was falsely implicated, had no prior criminal record, and that a co‑accused in similar circumstances had already been granted bail, seeking parity. The State opposed the bail, emphasizing the seriousness of the charges and the risk of witness tampering. The Court, after weighing the nature of the accusations, the severity of potential punishment, and the prima facie risk of evidence tampering, found that a case for bail existed. Consequently, the Court ordered the release of Kaka on bail subject to a personal bond, two sureties, and conditions prohibiting tampering, intimidation of witnesses, and further criminal activity, with the power to cancel bail on breach.
Issues considered
- What is the appropriateness of granting bail to the accused Kaka under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 given the seriousness of the charges under the Bharatiya Nyaya Sanhita, 2023?
- Whether the risk of tampering with evidence or intimidation of witnesses justifies denial of bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 333, 351, 352, 74
Subjects
- bail
- criminal procedure
- presumption of innocence
- witness tampering
- sureties
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13948 of 2026
Kaka
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Kumar Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Rajeev Kumar Sharma, learned counsel for the applicant, Shri
Ramendra Pal Singh, 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, Kaka, seeking
enlargement on bail in Complaint Case No.1439 of 2024, under Sections
309(6), 352, 351, 74, 333 of the Bharatiya Nyaya Sanhita, 2023, Police
Station Sumerpur, District Hamirpur 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 07.04.2026. He further submits that no specific
role assigned to the applicant in the alleged incident. Learned counsel for the
applicant submits that similarly circumstanced co-accused namely Kailash
@ Kailash Babu has already been granted bail by co-ordinate Bench of this
Court vide order dated 29.04.2026 passed in Crl. Misc. Bail Application No.
14176 of 2026. Applicant is seeking parity with co-accused-Kailash @
Kailash Babu. 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.
BAIL No. 13948 of 2026
2
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, Kaka, 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 5, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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