Allahabad High Court

PRAKASHversusSTATE OF U.P.

Decided: 6 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The bail application is allowed.

Summary

The High Court considered a bail application filed by Prakash, who was arrested in a 2018 case under Section 307 of the Indian Penal Code for alleged involvement in a gunshot injury. The applicant claimed he was falsely implicated and that the co-accused Kanhaiya was responsible for the injury, while also acknowledging a prior case (Cr.No.32 of 2018) involving Sections 323, 504 and 506 IPC for which he was already on bail. The prosecution argued that the applicant had been specifically named in the complaint and had previously absconded, but could not refute the applicant’s claim of no direct role in the shooting. The court examined the final police report, the summons dated 5‑8‑2024, and statements under Sections 200/202 of the CrPC, finding no evidence assigning the shooting to the applicant. Concluding that a prima facie case for bail existed, the court granted bail subject to standard conditions, including not tampering with evidence or intimidating witnesses.

Issues considered

Whether bail should be granted to the accused under Section 307 IPC despite prior criminal antecedents.
Whether the applicant was materially involved in the alleged gunshot injury.
Whether the applicant poses a risk of tampering with evidence or intimidating witnesses.

Legislation cited

Code of Criminal Procedure, 1973 — s. 200, 202
Indian Penal Code — s. 307, 323, 504, 506

Subjects

bail
Section 307 IPC
false implication
criminal antecedents
evidence tampering
witness intimidation

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 15475 of 2026

Prakash
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Vineet Kumar Yadav
Counsel for Opposite Party(s) : Anju Kushwaha, G.A., Gagan Pratap
Singh, Rohit Kumar Kushwaha

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, Sri Gagan Pratap Singh, the
Learned counsel for the informant, the Learned A.G.A. for the State and
perused the record.

2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.1249 of 2018, under Section 307
I.P.C., Police Station- Vrindavan, District- Mathura.

3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The specific role of causing
solitary gunshot injury on the injured was given to the co-
accused Kanhaiya. The applicant has a criminal history of one case being
Case Crime No.32 of 2018, under Sections 323, 504 & 506 I.P.C. The
applicant is said to be on bail in the said case. The applicant is in jail since
30.03.2026.

4. The Learned counsel for the informant Sri Gagan Pratap Singh and the
Learned A.G.A., on the other hand, have opposed the prayer for grant of
bail and have contended that the applicant has been specifically
nominated in the present case. The matter is of the year 2018 and the
applicant had absconded and his presence could be secured after great
difficulty, when he was arrested by the police. The Learned A.G.A.,
however, has not been able to dispute the explanation of the criminal
antecedents given by the applicant.
BAIL No. 15475 of 2026
2

5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.

6. The police case resulted in the filing of a final report. The applicant is
said to have been summoned along with the other accused by the
concerned Court through the summoning order dated 5.8.2024. The
present case is a complaint case and even otherwise, the applicant is not
stated to have caused gunshot injury to the injured. Even in the statements
recorded under Section 200/202 Cr.P.C., no role of firing has been
assigned on the applicant.

7. Taking into consideration the entire facts and circumstances of the
case, prima facie, a case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant- Prakash, 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:

i. The applicant will not tamper with the evidence.

ii. The applicant will not indulge in any criminal activity.

iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
below will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
BAIL No. 15475 of 2026
3

with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.

(Rajiv Lochan Shukla,J.)
May 7, 2026
Sachin

Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad

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