Allahabad High Court
NITIN KUMARversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to the accused, subject to bond, sureties, and specified conditions.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Nitin Kumar, who is accused in a case under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023. The applicant asserted his innocence, highlighted a deposit of Rs.90,697 in the informant’s bank account, and noted that a co‑accused had previously been granted bail. The State opposed the bail but could not dispute the factual assertions. The court evaluated the seriousness of the allegations, the potential punishment, and the risk of evidence tampering, and found that a case for bail existed. Consequently, the court granted bail on the condition of a personal bond, two reliable sureties, and compliance with conditions prohibiting tampering, criminal activity, and witness intimidation, ordering release on May 18, 2026.
Issues considered
- Whether bail should be granted to the accused under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offence under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023
- Whether the risk of evidence tampering, witness intimidation, or flight justifies denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 483
- Bharatiya Nyaya Sanhita — s. 316(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- evidence tampering
- witness intimidation
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 2294 of 2026
Nitin Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Kashyap
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Shri Ajay Kumar Kashyap, learned counsel for the applicant, Shri
Ramendra Pal Singh, learned AGA for the State-respondents and perused the
record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Nitin Kumar,
seeking enlargement on bail in Case Crime No. 385 of 2025, under Sections
316 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Budhana,
District Muzaffar Nagar, during the pendency of the trial before the Court
below.
Learned counsel for the applicant argued that the accused-applicant is
innocent. He has been falsely implicated in this very case crime number and
is languishing in jail since 4.12.2025. Learned counsel for the applicant
submits that pursuant to the order passed by this Hon'ble Court applicant had
deposited an amount of Rs.90,697/- in the bank account of first informant. In
support of his contention, he has filed supplementary affidavit annexing the
copy of receipts of deposit of money annexed as Annexure-SA1. Learned
counsel for the applicant submits that similarly circumstanced co-accused
Akash Kumar has already been enlarged on bail by co-ordinate Bench of this
Court on 23.3.2026 in Criminal Misc. Bail Application No. 2548 of 2025.
Applicant has no criminal antecedent and there is no likelihood of his fleeing
from course of justice or tampering with evidence in case of release on bail.
Hence, bail has been prayed for.
BAIL No. 2294 of 2026
2
Learned AGA has vehemently opposed the prayer for bail, but could not
dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Nitin Kumar, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 18, 2026
Ravi Prakash
Digitally signed by :-
RAVI PRAKASH
High Court of Judicature at Allahabad
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