Allahabad High Court
AKSHAYversusSTATE OF U.P.
- Decided
- Bench
- HARVIR SINGH
Holding
The Court held that the applicant is entitled to bail during the pendency of the trial.
Summary
Akshay was arrested in connection with a case under Sections 109(1), 352 and 3(5) of the B.N.S. and has been in custody since 17 January 2026. He filed a second bail application, arguing that the charge sheet was filed on 13 April 2026 and charges were framed on 8 July 2026, and that co‑accused Gaurav Kumar and Ashish had already been released on bail. The State opposed the bail but did not dispute the factual background. The Court observed that the investigation was complete, the trial had commenced, and there was no requirement for the accused’s presence in further investigation, noting the injury to the victim was simple and non‑fatal. Accordingly, the Court granted bail on personal bond with two sureties, subject to conditions of attendance, non‑tampering with witnesses and refraining from illegal activity.
Issues considered
- Whether bail can be granted after the charge sheet is filed and charges are framed, given the nature of the offence and the status of co‑accused.
- Whether the applicant’s continued detention is justified in view of the completion of investigation and commencement of trial.
Legislation cited
- B.N.S. — s. 109(1), 3(5), 352
Subjects
- bail
- criminal procedure
- charge framed
- co‑accused parity
- trial
- conditions of bail
- non‑fatal injury
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 29008 of 2026
Akshay
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sukrampal
Counsel for Opposite Party(s) : G.A.
Court No. - 82
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the accused-applicant, learned A.G.A. for the
State and perused the material available on record.
2. This bail application has been moved on behalf of the accused-
applicant/ Akshay, for seeking bail, in S.T. No.788 of 2026, (State Vs.
Akshay), arising out of Case Crime No.47 of 2026, under Sections
109(1), 352 and 3(5) of B.N.S., Police Station Baraut, District Baghpat,
during pendency of trial.
4. This is the second bail application of the applicant. The first bail
application of the applicant was rejected by this Court vide order dated
23.4.2026 passed in Criminal Misc. Bail Application No.10926 of
2026. The only new ground on which the applicant is seeking
enlargement of bail is that the charge sheet in this case has been filed on
13.04.2026 and charge was framed on 08.07.2026. Applicant is a law
abiding citizen and he is languishing in jail since 17.01.2026. In case, he
is granted bail, he will not misuse the liberty of bail and would cooperate
in the trial proceedings.
5. Learned A.G.A. appearing on behalf of State opposes the prayer for
bail of the applicant, however, he could not dispute the aforesaid facts.
6. There is a change in the circumstance, as much as the charge sheet has
been filed and the charge was framed on 08.07.2026 and Gaurav Kumar
sustained injury, which is simple in nature and not fatal to life.
BAIL No. 29008 of 2026
2
Subsequent to the passing of the order dated 23.04.2026, other co-accused
persons namely Gaurav Kumar and Ashish have already been granted bail
but no parity can be extended to the accused applicant. Moreover, the trial
has commenced and presence of the applicant is not required in any
investigation by the police, as the investigation is complete and charge
has been framed, therefore, this Court is of the view that the applicant is
entitled to be enlarged on bail during the pendency of the trial.
7. Let the applicant, Akshay 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 continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
9. In case of breach of any of the above conditions, the trial court will be
at liberty to cancel the bail.
(Harvir Singh,J.)
September 9, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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