RAKESH KUMARversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 14057 of 2026

Rakesh Kumar
                                                      .....Applicant(s)
                                Versus

State of U.P.
                                                         .....Opposite
                                                               Party(s)

Counsel for Applicant(s)                        :    Abhishek
Counsel for Opposite Party(s)                   :    G.A.

Court No. - 69
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Sri Abhishek, learned counsel for the applicant and Sri
C.S. Saran, 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.
410 of 2020, under Sections 409, 420, 467, 468, 471 IPC and
Section 3/7 of E.C. Act, registered at Police Station Jani, District
Meerut, during pendency of the trial.

3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 8.3.2026. It is
further submitted that the applicant was granted anticipatory bail by
a co-ordinate Bench of this Court for a limited period of 90 days or
till submission of police report and the said application was
dismissed on the ground that the final report had been submitted. It
is further submitted that final report was not accepted and further
investigation was directed and the applicant is said to have been
arrested. It is submitted that FIR has been lodged after a delay of
two years and as per FIR it is alleged that the applicant is said to
be owner of PD shop and he is said to have distributed various
items to the forged beneficiaries whose names have been struck
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                                 2


off from the list of beneficiaries during May, 2018 to July, 2018. It is
also submitted that the applicant 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. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant.


5. The applicant was granted anticipatory bail by a co-ordinate
Bench of this Court for a limited period of 90 days or till submission
of police report and final report was submitted, therefore,
anticipatory bail application has become infructuous, however,
further investigation was directed and the applicant is said to have
been arrested. FIR has been lodged after a delay of two years and
as per FIR it is alleged that the applicant is said to be owner of PD
shop and he is said to have distributed various items to the forged
beneficiaries whose names have been struck off from the list of
beneficiaries during May, 2018 to July, 2018.

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- Rakesh Kumar involved in the aforesaid case
crime 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 with the following conditions :-

(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.
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                                    (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.



                                                                                 (Jitendra Kumar Sinha,J.)
                                    May 5, 2026
                                    Abhishek




Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad