Allahabad High Court
RADHADASversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to bail and the bail application is allowed.
Summary
The High Court considered a bail application filed by Radhadas in a case under Sections 318(4) and 317(2) of the Indian Penal Code, alleging fraud and receipt of Rs. 15 lakh. The applicant argued that the allegations were false, he had no prior criminal record, and had been in custody for almost a year. The State opposed bail but did not dispute the factual contentions. The Court noted that the offences are triable by a magistrate with a maximum punishment of seven years and, given the applicant's clean record and prolonged pre‑trial detention, found him entitled to bail. Without commenting on the merits, the Court ordered his release on personal bond and two sureties, subject to standard conditions, and clarified that the order does not affect the trial's merits.
Issues considered
- Whether bail should be granted in a case under Sections 318(4) and 317(2) IPC where the offence is triable by a magistrate with a maximum sentence of seven years
- Whether the applicant's lack of criminal history and extended pre‑trial detention justify bail
Legislation cited
- Indian Penal Code — s. 317(2), 318(4)
Subjects
- bail
- Indian Penal Code
- extortion
- pre‑trial detention
- magistrate trial
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14268 of 2026
Radhadas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Heard Sri Kailash Nath, learned Advocate holding brief of Sri Manoj
Yadav, learned counsel for the applicant and Sri Imran Khan, learned AGA
for the State.
2. The instant bail application has been filed seeking release of the applicant
on bail in Case Crime No. 218 of 2025, under Sections 318(4), 317(2) BNS,
Police Station Kokhraj, District Kaushambi during pendency of the trial.
3. Learned counsel for the applicant submits, FIR of the present case was
lodged against unknown persons with the allegation that some unknown
persons by playing fraud received Rs. 15 lakhs from the informant and
provided him fake gold and during investigation applicant has also been
made accused in the present matter and as per prosecution from his
possession Rs. 1.5 lakhs were recovered but entire allegation leveled against
applicant is totally false.
4. He further submits, even all the alleged offences are triable by Magistrate
with maximum punishment of seven years.
5. He further submits, applicant is not having any criminal history and in the
present matter he is in jail since 25.05.2025 i.e for almost a year.
6. Per contra, learned AGA opposed the prayer for bail but could not dispute
the argument on facts advanced by learned counsel for the applicant.
7. I have heard learned counsel for the parties and perused the record of the
case.
BAIL No. 14268 of 2026
2
8. However, as per allegation, applicant along with others duped the
informant and received huge money from him and even from his possession
as per prosecution Rs. 1.5 lakhs were recovered but all the alleged offences
are triable by Magistrate with maximum punishment of seven years and
applicant is not having any criminal history and in the present matter he is in
jail since 25.05.2025 i.e for almost a year, therefore, in my view, applicant is
entitled to be released on bail.
9. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.
10. Let the applicant - Radhadas be released on bail in the aforesaid case on
furnishing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless
his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper
with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
11. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
12. It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and the
said observations shall have no bearing on the merits of the case during trial.
May 6, 2026
AK Pandey
(Sameer Jain,J.)
Digitally signed by :-
ANUPAM KUMAR PANDEY
High Court of Judicature at Allahabad
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