Allahabad High Court

SHIV KUMAR AND 2 OTHERSversusSTATE OF U.P.

Decided: 7 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicants are entitled to bail during the pendency of trial despite the seriousness of the charges, as there is no indication of flight risk or likelihood of tampering with evidence.

Summary

The High Court considered a bail application filed by Shiv Kumar and two others in a criminal case (Crime No. 156 of 2026) involving offences under Sections 318(4), 351(3), 352, 191(2), 336(3), 338 and 340(2) of the Indian Penal Code. The applicants contended that they were falsely implicated, had no prior convictions, and were willing to return the sale deed amount of Rs. 7,05,000 to the informant within a month of release. The State opposed bail but did not dispute the factual allegations. After weighing the nature of the offences, the evidence, and the applicants' lack of criminal history, the Court decided to grant bail without commenting on the merits of the case. The bail was conditioned on personal bond, two sureties, appearance before the trial court, non‑interference with witnesses or evidence, and abstention from any criminal activity.

Issues considered

Whether bail can be granted in a case involving serious IPC offences such as criminal breach of trust, rioting, and causing grievous hurt.
Whether the applicants pose a risk of fleeing, tampering with evidence, or influencing witnesses.
Whether the applicants' lack of prior convictions and willingness to return the disputed amount justify bail.

Legislation cited

Indian Penal Code — s. 191(2), 318(4), 336(3), 338, 340(2), 351(3), 352

Subjects

bail
Indian Penal Code
criminal procedure
presumption of innocence
surety
conditions of bail
serious offences

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 27877 of 2026

Shiv Kumar And 2 Others
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Kuldeep Kumar
Counsel for Opposite Party(s) : G.A., Jagdish Sharan Tomar

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

Heard learned counsel for the applicants, learned counsel for the
informant, learned AGA for the State-respondent and perused the record.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 156 of 2026, under Sections 318(4), 351(3), 352,
191(2), 336(3), 338, 340(2) BNS, Police Station Chola, District
Bulandshahr, during the pendency of trial.

It is argued by the learned counsel for the applicants that applicants are
innocent and have been falsely implicated in the present case due to
ulterior motive. It is submitted that applicants are neither previous convict
nor any criminal case is pending against them except the present case.
Applicants are neither prepared any forged documents nor had any
knowledge the earlier sale deed which has been executed by their father.
At this stage, learned counsel for the applicants has drawn the attention of
the Court to paras '3' and '4' of the supplementary affidavit dated 1.9.2026
filed on behalf of the applicants to submit that deponent is the wife of the
applicant no. 1 and is doing pairvi on behalf of the applicant nos. 2 and 3
also. In para '3' and '4' of the supplementary affidavit, it is specifically
mentioned that the deponent is ready for return the sale deed amount of
Rs. 7,05,000/- to the informant within one month after release the
applicants on bail. The applicants are languishing in jail since 03.07.2026
and in case they are released on bail, they will not misuse the liberty of
bail.
BAIL No. 27877 of 2026
2

Per contra, learned AGA, however, opposed the prayer for bail, but could
not dispute the above facts.

Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
for the parties, this Court is of the view that the applicants are 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 the applicants-Shiv Kumar, Rahul Kumar and Satya Prakash be
released on bail in the aforesaid case on furnishing a personal bond and
two sureties each in the like amount to the satisfaction of the court
concerned with the following conditions:-

(i) The applicants shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.

(ii) The applicants shall not directly or indirectly, make 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 any police
officer or tamper with the evidence.

(iii) The applicants shall not indulge in any criminal and anti-social
activity.

In case of breach of any of the above condition, the prosecution will be at
liberty to move an application before this Court for cancellation of the
bail of the applicants.

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

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