Allahabad High Court
ASHOK KUMARversusSTATE OF U.P.
- Decided
- Bench
- VIVEK VARMA
Holding
The court held that the applicant is entitled to be released on bail.
Summary
The High Court of Allahabad considered bail application No. 27646 of 2026 filed by Ashok Kumar, accused in Crime No. 186 of 2026. The applicant contended that he was falsely implicated, is not a medical practitioner, and that post‑mortem and viscera reports showed no external injury or poison, providing no corroborative evidence of guilt. The State opposed bail but could not rebut these submissions. The court, after examining the record, found prima facie that the prosecution’s case lacks support, the applicant has no criminal antecedents, has been in custody for over eight months, and poses no risk of tampering with evidence or intimidating witnesses. Accordingly, the court ordered his release on bail subject to a personal bond, sureties and conditions, and permitted the prosecution to move for cancellation if breached.
Issues considered
- Whether the applicant is entitled to bail given the lack of corroborative evidence and no risk of tampering or intimidation?
Subjects
- bail
- Criminal Procedure Code
- presumption of innocence
- medical evidence
- no criminal antecedent
- evidence tampering
- witness intimidation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27646 of 2026
Ashok Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Jai Kishan, Vipin Kumar
Counsel for Opposite Party(s) : Vinod Kumar, G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
1. Heard Sri Kamal Krishna, learned Senior Counsel assisted by Sri Vipin
Kumar, learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A.
for the State-opposite party, and Sri Sadashiv Tripathi, Advocate holding
brief of Sri Vinod Kumar, learned counsel for the informant.
2. The present bail application has been filed with the prayer to enlarge the
applicant on bail in Case Crime No. 186 of 2026, under Section 105 B.N.S.,
Police Station Hathras Junction, District Hathras during the pendency of the
trial.
3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. The applicant is not a doctor nor has
performed any medical procedure nor administered or provided any
medicine to the mother of the deceased. As per the postmortem report, no
external injury was seen on the body of the deceased. According to the
postmortem report, the cause of death could not be ascertained. Viscera was
preserved and sent for chemical analysis. As per the viscera report dated
05.07.2026, annexed as Annexure-1 to the affidavit of compliance, no
chemical poison was found. The medical report does not support the
prosecution version. At this stage there is no corroborative evidence to link
the applicant with the offence. The applicant is in jail since 05.01.2026
having no criminal history and if he is released on bail, he will not misuse
the said liberty.
4. Learned A.G.A. has opposed the prayer for bail but could not
satisfactorily dispute the aforesaid submissions from the record.
BAIL No. 27646 of 2026
2
5. Having heard learned counsel for the parties and after perusal of the
record, this Court prima facie finds that the medical report does not support
the prosecution version. At this stage there is no corroborative evidence to
link the applicant with the offence. The applicant has no criminal
antecedents. Moreover, the applicant has remained confined for more than
eight months and after submission of the charge-sheet there is no hope of
early conclusion of trial, and no reasonable apprehension has been brought
to the fore by the State that the applicant, if enlarged on bail, would either
tamper with the evidence or delay the trial or intimidate the witness,
therefore, without commenting on the merits of the case, I am of the opinion
that the applicant is entitled to be enlarged on bail.
6. Let the applicant- Ashok Kumar, involved in the aforesaid case, be
released on bail on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of Court concerned subject to the
conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence; and,
(iii) shall not pressurize the prosecution witnesses.
7. In case of breach of any of the above conditions, the prosecution shall be
at liberty to move bail cancellation application before this Court.
September 24, 2026
SKT/-
(Vivek Varma,J.)
Digitally signed by :-
SHIVA KANT TIWARI
High Court of Judicature at Allahabad
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