Allahabad High Court
MONU KASHYAPversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Moni Kashyap, who was arrested in connection with a case involving offences under Sections 305‑A, 331(4), 317(2), 3(5) of the same Act and the Arms Act. The applicant claimed innocence, alleged false implication, and pointed to a lengthy pre‑trial detention and prior criminal history. The State opposed bail, emphasizing the recovery of stolen items from the applicant’s possession. After reviewing the record, the court, without opining on the merits, found the case suitable for bail and ordered release on a personal bond with two sureties and several conditions. The order expressly limited its scope to the bail application and did not prejudice the trial court’s future judgment.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and the evidence.
- Whether the applicant’s criminal history and alleged possession of stolen articles justify denial of bail.
Legislation cited
- Arms Act — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 305-A, 317(2), 331(4), 3(5), 483
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- pre‑trial detention
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 14532 of 2026
Monu Kashyap
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Afzal Ansari, Mohd. Khalil
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Mohd. Afzal Ansari, learned counsel for the applicant, and
Shri Ashish Kumar Tripathi, 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.103 of 2026, under
Sections 305-A, 331(4), 317(2), 3(5) of B.N.S. and Section 4/25 Arms
Act, registered at Police Station Khekada, District Baghpat, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that some stolen articles, one knife,
one screw driver and four saw bled are said to have been recovered from
the possession of the applicant and two other co-accused persons. It is
further submitted that the applicant is languishing in jail since 03.04.2026
and the applicant is having criminal history of three cases, which has been
duly explained, 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. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
BAIL No. 14532 of 2026
2
5. As per first information report, some stolen articles, one knife, one
screw driver and four saw bled are said to have been recovered from the
possession of the applicant and two other co-accused persons. It is further
submitted that the applicant is languishing in jail since 03.04.2026 and the
applicant is having criminal history of three cases, which has been duly
explained.
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- Monu Kashyap involved in the aforesaid case crime
shall 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 :-
(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.
(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.
BAIL No. 14532 of 2026
3
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 7, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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