Allahabad High Court
ABHIJEET SINGH @ SONUversusSTATE 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 on behalf of Abhijeet Singh, who was arrested in connection with a kidnapping and ransom case (Crime No.90 of 2026) involving the abduction of the son of a complainant and a demand of Rs.1,66,000. The applicant claimed innocence, stating that he was falsely implicated and that the abducted person had already been recovered with only minor injuries. The State opposed bail, emphasizing the seriousness of the alleged kidnapping and the applicant's alleged role as a restaurant owner who participated in the crime. After reviewing the record, the court, without expressing an opinion on the merits, found that the circumstances warranted the grant of bail. The court ordered the applicant’s release on a personal bond of Rs.50,000 with two sureties, subject to strict 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 future determination of guilt.
Issues considered
- Whether bail should be granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for offences under Sections 140(2) and 309(6) of the same Act and Sections 75 and 77 of the Juvenile Justice Act.
- Whether the nature of the alleged kidnapping and ransom, and the applicant’s period of custody, justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 140(2), 309(6), 483
- Juvenile Justice Act — s. 75, 77
Subjects
- bail
- criminal procedure
- kidnapping
- ransom
- juvenile justice
- court conditions
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 16685 of 2026
Abhijeet Singh @ Sonu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mahendra Pratap Singh, Rohit Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rohit Singh, learned counsel for the applicant, and Shri
B.P. Maurya, 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.90 of 2026, under
Sections 140(2), 309(6) B.N.S. and Sections 75, 77 of Juvenile Justice
Act, registered at Police Station Lal Ganj, District Basti, 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 the applicant is said to be the
owner of a restaurant and no monetary transaction whatsoever is said to
have taken place between the applicant and the first informant. It is
further submitted that the applicant along with other co-accused persons
are said to have abducted the son-of the first informant and demanded a
ransom amount of Rs.1,66,000/- from the first informant. It is further
submitted that the abducted person has already been recovered. It is
further submitted that the applicant is languishing in jail since 10.04.2026,
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.
BAIL No. 16685 of 2026
2
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant and it has been submitted by him that the applicant is said to be
the owner of a restaurant and the applicant along with other co-accused
persons are said to have abducted the son-of the first informant and
demanded a ransom amount of Rs.1,66,000/- from the first informant.
5. As per first information report, some unknown persons are said to have
abducted the son of the first informant and demand a ransom amount of
Rs.1,66,000/- from the first informant and the abducted person has
already been recovered and his injuries have been found to be simple in
nature. It is further submitted that the applicant is languishing in jail since
10.04.2026.
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- Abhijeet Singh @ Sonu 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.
BAIL No. 16685 of 2026
3
(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.
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 18, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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