Allahabad High Court
AJAY SURESH BHAI PATELversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant is entitled to bail as he has made out a prima facie case for its grant.
Summary
The applicant, Ajay Suresh Bhai Patel, was detained since September 14, 2024 in connection with a case (Crime No.256 of 2023) involving alleged offences under Sections 409, 420, 467, 468, 471 and 120‑B of the Indian Penal Code. He applied for bail, contending that he had been in custody for about two years, that the trial was progressing slowly, and that he was not named in the FIR, his statements having been used by a co‑accused. The State opposed the bail, but the court examined the material on record, the length of pre‑trial detention, and the applicant's peripheral role in the alleged crime. Without passing on the merits, the court found that the applicant had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order emphasized that any breach would lead to cancellation of bail and would not affect the trial on merits.
Issues considered
- Whether bail should be granted to an accused detained for two years in a case involving Sections 409, 420, 467, 468, 471 and 120‑B IPC, given that he is not named in the FIR and his statements were used by a co‑accused.
Legislation cited
- Indian Penal Code — s. 120-B, 409, 420, 467, 468, 471
Subjects
- bail
- pre‑trial detention
- Indian Penal Code
- criminal procedure
- surety
- witness tampering
- non‑named accused
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16488 of 2025
Ajay Suresh Bhai Patel
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aditya Singh, Saksham Srivastava,
Satyendra Kumar Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sr. No.66 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Satyendra Kumar Dwivedi, learned counsel for the applicant,
Sri R.P. Patel, learned State Law Officer for the State and perused the
material placed on record.
3. Applicant seeks bail in Case Crime No.256 of 2023, under Sections 409,
420, 467, 468, 471, 120-B I.P.C., Police Station Sector 58 Noida, District
Gautam Budh Nagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is in jail
since 14.09.2024, as such, the period of incarceration is about two years and
the trial is moving at a snail's pace. The applicant is not the main perpetrator
of crime. He was not named in the FIR. His account was used by the co-
accused person. The applicant undertakes to cooperate with the trial and not
misuse the liberty of bail.
5. Learned State Law Officer has vehemently opposed the bail application
but the submissions raised by the learned counsel for the applicant could not
be disputed.
6. Considering the facts and circumstances of the case, the submissions
made by learned counsel for the parties, and the evidence on record, taking
into consideration the period of incarceration and the fact that the applicant
BAIL No. 16488 of 2025
2
is not named in the FIR and that his account was used by the co-accused
person, and without expressing any opinion on the merits of the case, prima
facie, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
7. Let the applicant- Ajay Suresh Bhai Patel, be released on bail in the
aforementioned case crime on furnishing a personal bond and two sureties to
the satisfaction of the court concerned, subject to verification of sureties,
with the conditions that he shall not tamper with evidence or intimidate
witnesses and shall appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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