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Allahabad High Court

INDRAJEET KUMARversusSTATE OF U.P.

Decided

Holding

The applicant is entitled to bail during the pendency of the trial.

Summary

Indrajeet Kumar applied for bail in a criminal case (Crime No. 299 of 2025) alleging embezzlement of pre‑deposit amounts of two bank customers, filed under Sections 316(5) and 351(3) of the Criminal Procedure Code. The applicant claimed absolute innocence, stating that the FIR was lodged by a bank manager without any complaint from the alleged victims and that he had no financial link to the alleged victims. The State opposed the bail, but the court examined the record, the nature of the allegations, and the applicant’s lack of prior criminal history. Considering the applicant’s cooperation, the absence of any evidence of flight risk or tampering, and the heavy pendency of cases in the court, the bench held that bail could be granted. The court ordered the applicant’s release on personal bond with two sureties, subject to standard conditions to prevent evidence tampering or intimidation of witnesses. The observations were expressly limited to the bail application and do not prejudice the merits of the trial.

Issues considered

  • Whether the applicant is entitled to bail during the pendency of trial under Sections 316(5) and 351(3) of the CrPC
  • Whether the circumstances of the case justify the grant of bail despite the seriousness of the alleged embezzlement

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • embezzlement
  • false implication
  • sureties
  • pendency of trial
  • conditions of bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 29129 of 2026

Indrajeet Kumar
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                        :    Pramod Kumar
Counsel for Opposite Party(s)                   :    G.A.

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

Heard learned counsel for the applicant 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. 299 of 2025, under Sections 316(5), 351(3) BNS,
Police Station- Uruwa Bazar, District- Gorakhpur, during pendency of
the trial in the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present case relates to embezzlement of
pre deposit amount of two customers of the bank. The present FIR has
been lodged by Manager of the concerned bank and no complaint has
been registered by the alleged victim. It is next submitted that applicant is
having no concern with the allegations levelled against him and he has not
committed any offence as alleged by prosecution. It is next submitted that
the applicant has neither received any money from the said victims nor
any amount has been transferred in his account. Charge sheet has already
been submitted. Criminal history of the applicant has been explained in
the supplementary affidavit filed in support of the instant bail application.
 The applicant is languishing in jail since 8.7.2026. 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.
                                                                                            BAIL No. 29129 of 2026
                                                                    2


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

                                    Let applicant, Indrajeet Kumar 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.

                                    (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
                                    KK Patel




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad


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