Created by Fuzzy Cloud

Allahabad High Court

BHAGWAN SINGH @ BHOORA PRADHANversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail during the pendency of the trial as the allegations are based on hearsay and no substantive evidence has been collected against him.

Summary

The High Court considered a bail application filed by Bhagwan Singh @ Bhoora Pradhan in a case under Sections 318(4), 336(3), 338 and 340(2) of the IPC relating to alleged GST document fraud. The applicant claimed innocence, stating he was not named in the FIR and was implicated only on hearsay, with no substantive evidence collected against him. The prosecution, represented by the Assistant Commissioner of GST, argued that the seizure of vehicles indicated tax evasion. After hearing counsel for both sides, the court noted the lack of concrete evidence, the applicant's clean criminal record, and the heavy pendency of cases, and therefore decided to grant bail without commenting on the merits. The bail was conditioned on a personal bond, two sureties, and specific undertakings to not tamper with evidence, intimidate witnesses, or commit similar offences. The order emphasized that the bail decision is limited to the bail application and does not affect the trial's substantive issues.

Issues considered

  • Whether bail should be granted to the accused pending trial for offences under Sections 318, 336, 338 and 340 of the IPC.
  • Whether the applicant's alleged involvement based solely on hearsay and lack of cogent evidence warrants continued detention.
  • Whether the conditions imposed on bail are adequate to safeguard the trial process.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • GST evasion
  • hearsay evidence
  • IPC sections 318,336,338,340
  • court pendency

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 24034 of 2026

Bhagwan Singh @ Bhoora Pradhan
                                                            .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Ajay Nand         Pandey,     Syed    Imran
                                Ibrahim
Counsel for Opposite Party(s) : G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

Supplementary affidavit filed on behalf of applicant is taken on record.

Heard learned counsel for the applicant, learned counsel for the informant
and learned AGA for the State-respondent and perused the record of the
case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 552 of 2025, under Sections 318(4), 336(3), 338,
340(2) BNS, Police Station- Lohiya Nagar, District Meerut, during
pendency of the trial in the court concerned.

Learned counsel for the applicant submitted that the applicant is innocent
and has been falsely implicated in the present case. As per version of the
prosecution, on the instructions of the Commissioner of the GST
Department, the officers intercepted three vehicles which allegedly did
not contain proper GST documents. The informant, who is the Assistant
Commissioner of GST Department, lodged the subject FIR to the effect
that owing to the false documents, there has been evasion of tax, which
has resulted in a loss to the State Exchequer. It is submitted that the
applicant is not named in the FIR and the same is against five named
persons and one transporter. It is submitted that no recovery has been
effected as far as the present case. The present applicant has been roped in
the matter during investigation on the basis of hearsay evidence. It is next
submitted that applicant is having no concern with the allegations levelled
                                                        BAIL No. 24034 of 2026
                                2


against him and he has not committed any offence as alleged by
prosecution. During investigation, no cogent evidence has been collected
against the applicant. Pursuant to the seizure orders and issuance of
challans by the concerned authorities, entire amount has been deposited
against the said challans, which have been appended to the supplementary
affidavit filed today. Criminal history of the applicant has been duly
explained in para '2' of the supplementary affidavit and he is languishing
in jail since 1.5.2026. It is also submitted that the applicant 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.

The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.

Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

Let applicant, Bhagwan Singh @ Bhoora Pradhan be released on bail
in the aforesaid case on his executing a personal bond and furnishing two
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 during the trial.

(ii). The applicant will not pressurize/ intimidate the prosecution witness.

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.
                                                                                           BAIL No. 24034 of 2026
                                                                   3


                                    (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 him from disclosing such facts to the Court or to any police
                                    officer or tamper with the evidence.

                                    It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    In case of breach of any of the above conditions, the trial court will be at
                                    liberty to cancel the bail.

                                    It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and
                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                       (Jai Prakash Tiwari,J.)
                                    September 8, 2026
                                    Brijesh




Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.