Allahabad High Court
KUNALversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The bail application is allowed; the accused is released on bail subject to specified conditions.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Kunal, who is charged in Crime No. 58 of 2026 under Sections 123, 61(2), 305(A) and 317 of the Bharatiya Nyaya Sanhita, 2023. The applicant pleaded innocence, claiming he was falsely implicated because he is the brother of the main accused and that no direct or indirect evidence links him to the alleged recovery of Rs 80,000. He also asserted that he has no criminal antecedents and poses no risk of fleeing, tampering with evidence or intimidating witnesses. The State opposed bail, emphasizing the seriousness of the offences and a prima facie risk of witness tampering. After weighing the nature of the accusations, the severity of the potential punishment and the risk factors, the Court, without commenting on the merits, found a case for bail and ordered his release on a personal bond and two sureties, subject to conditions prohibiting evidence tampering, criminal activity, witness intimidation and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Sections 123, 61(2), 305(A) and 317 of the Bharatiya Nyaya Sanhita, 2023 considering the seriousness of the offences.
- Whether the applicant poses a risk of fleeing, tampering with evidence or intimidating witnesses.
- Whether the alleged false implication and lack of direct evidence justify the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 123, 305(A), 317, 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- presumption of innocence
- witness tampering
- sureties
- personal bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13982 of 2026
Kunal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dilip Kumar, Pavan Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Pavan Kumar, learned counsel for the applicant, Shri Vijendra
Kumar, 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, Kunal,
seeking enlargement on bail in Case Crime No. 58 of 2026, under Sections
123, 61(2), 305(A), 317 of the Bharatiya Nyaya Sanhita, 2023, Police
Station Nehtaur, District Bijnor, during the pendency of the trial before the
Court below.
Learned counsel for the applicant submits that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is further submitted that the applicant has been in jail since
28.02.2026. In the F.I.R. dated 26.02.2026, the applicant is not named and
has been implicated only on account of being the real brother of the main
accused, namely Naveen Kumar. Learned counsel further contends that
the alleged recovery of Rs. 80,000/- is false and has been planted by the
police, and in fact nothing was recovered from the possession of the
applicant. It is submitted that there is no direct or indirect evidence
against the applicant.
It is also submitted that the applicant has no criminal antecedents and
there is no likelihood of his fleeing from the course of justice or
tampering with the evidence in case he is released on bail. Accordingly, it
is prayed that the applicant be enlarged on bail.
BAIL No. 13982 of 2026
2
Learned AGA has vehemently opposed the prayer for bail.
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, Kunal , 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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