Allahabad High Court
SONU KASHYAPversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed and the applicant is released on bail with conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sonu Kashyap, who was arrested in connection with a case involving alleged theft of articles, a sharp‑edged weapon and a screwdriver, and charged under Sections 305A, 331(4), 317(2), 3(5) of the BNS and Sections 4 and 25 of the Arms Act. The applicant’s counsel contended that he was falsely implicated, had been in custody since 4‑April‑2026, and that the FIR was lodged against unknown persons. The State opposed bail, citing the recovery of the alleged stolen items from the applicant and co‑accused. After reviewing the record, the judge, without opining on the merits, found the case suitable for bail and ordered release on a personal bond of Rs 50,000 with two sureties, imposing conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly limited its effect to the bail application and did not prejudice the trial court’s independent assessment.
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 court may impose conditions on bail to safeguard the trial process.
Legislation cited
- Arms Act — s. 25, 4
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 305A, 317(2), 331(4), 3(5), 483
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- Arms Act
- criminal procedure
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15458 of 2026
Sonu 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 Mohd. Khalil, learned counsel for the applicant and Sri
B.P. Singh, 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 305A, 331(4), 317(2), 3(5) BNS and
Section 4/25 Arms Act, registered at Police Station Khekda, District
Baghpat, 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 4.4.2026. It is
further submitted that the some stolen articles along with sharp
edged weapon and one screw driver are said to have been
recovered from the possession of applicant and other two co-
accused. It is further submitted that FIR has been lodged against
unknown. 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
BAIL No. 15458 of 2026
2
grant of bail to the applicant.
5. FIR has been lodged agaisnt unknown and as per allegations in
the FIR, some stolen articles along with sharp edged weapon and
one screw driver are said to have been recovered from the
possession of applicant and other two co-accused.
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- Sonu Kashyap 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.
(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
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3
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 7, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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