Allahabad High Court

AJAY KUMAR @ ANSHUversusSTATE OF U.P.

Decided: 13 September 2026
Bench: GAUTAM CHOWDHARY

Holding

The court granted bail to the accused, finding that he had made out a case for bail.

Summary

Ajay Kumar, accused in Crime No. 417 of 2025, filed a second bail application after his first was rejected. He argued that the victim's statement, recorded by the trial court, indicated that she left his house of her own free will and returned after a month, suggesting his innocence and false implication. The State opposed bail, contending that innocence cannot be determined at the pre‑trial stage and that the accused might reoffend if released. The court, after considering the submissions, the victim's statement, and the applicant's willingness to comply with conditions, found that the applicant had made out a case for bail. Consequently, the court granted bail subject to a personal bond, two sureties, and specific conditions to prevent tampering, harassment, and commission of similar offences. The bail may be cancelled if any condition is breached.

Issues considered

Whether bail should be granted to the accused at the pre‑trial stage despite serious allegations.
Whether the victim's statement indicating voluntary departure establishes a presumption of innocence sufficient for bail.
Whether the risk of tampering with evidence or committing a similar offence justifies denial of bail.

Subjects

bail
pre‑trial bail
criminal procedure
false implication
victim statement
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 19197 of 2026

Ajay Kumar @ Anshu
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Brijendra Kumar Raj, Kamta
Prasad
Counsel for Opposite Party(s) : G.A.

Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.

1. Heard learned counsel for the applicant, learned A.G.A. for
the State and perused the entire material available on record.

2. This is the second bail application filed by the applicant.
First bail application was rejected by this Court vide order
dated 19.01.2026 passed in Criminal Misc. Bail Application
No.1441 of 2026.

3. The applicant-Ajay Kumar @ Anshu has filed this second
bail application with a prayer to enlarge him on bail in Crime
No.417 of 2025, under Section 69 of B.N.S., Police Station
Rath, District Hamirpur, during the pendency of the trial.

4. Learned counsel for the applicant contends that by the efflux
of time, the trial Court has commenced, wherein the statement
of the P.W.1 was recorded before the trial Court, who has
categorically stated that after one year of her marriage, she had
gone with the applicant out of her free will and consent and
returned after a month, certified copy of the statement of the
victim dated 21.07.2026 has been produced before this Court
which is kept on record and is marked as "X". It is thus
contended that the applicant is innocent and has been falsely
implicated in the present case therefore, the applicant may be
enlarged on bail. Several other submissions in order to
BAIL No. 19197 of 2026
2

demonstrate the falsity of the allegations made against the
applicant have also been placed before the Court. The
circumstances which, according to the counsel, led to the false
implication of the accused have also been mentioned. It has
also been assured on behalf of the applicant that he is ready to
cooperate with the process of law and shall faithfully make
himself available before the court whenever required and is
also ready to accept all the conditions which the Court may
deem fit to impose upon him. He lastly submits that the
applicant is languishing in jail since 09.09.2025.

5. Per contra, learned A.G.A. has opposed the prayer for bail of
the applicant by contending that the innocence of the applicant
cannot be adjudged at pre trial stage, therefore, he does not
deserve any indulgence. In case the applicant is released on
bail he will again indulge in similar activities and will misuse
the liberty of bail.

6. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties, nature of
evidence, and all attending facts and circumstances of the case,
without expressing any opinion on merits of the case, this
Court is of the view that the applicant has made out a case for
bail. Hence the bail application is allowed.

7. Let applicant Ajay Kumar @ Anshu involved in aforesaid
case crime be released on bail on furnishing a personal bond
and two local sureties each of the like amount to the
satisfaction of the court concerned subject to the following
conditions:-

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution
witnesses.

iii) The applicant shall appear on the date fixed by the trial
court.

iv) The applicant shall not commit an offence similar to the
BAIL No. 19197 of 2026
3

offence of which the applicant is accused, or suspected of the
commission.

v) 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 such person from
disclosing facts to the Court or to any police officer or tamper
with the evidence.

8. In case of breach of any of the above condition, the trial
Court shall be at liberty to cancel the bail of the applicant in
accordance with law.

(Dr. Gautam Chowdhary,J.)
September 14, 2026
S.Ali

Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…