Allahabad High Court

HARSH @ HEERAversusSTATE OF U.P.

Decided: 7 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to be released on bail during the trial.

Summary

The High Court of Allahabad considered a bail application filed by Harsh @ Heera in a criminal case (Crime No. 11 of 2026) involving alleged offences under Sections 309(6), 317(4), 317(5) and 3(5) BNS. The applicant claimed innocence, stating that his name surfaced only through the statement of a co‑accused and that he has been in custody since 12 January 2026. The State opposed the bail, but the court examined the facts, the applicant's lack of prior criminal history, and the heavy pendency of cases in the courts. Finding no reason to believe the applicant would tamper with evidence, intimidate witnesses, or flee, the court granted bail subject to a personal bond, two sureties, and several conditions. The order expressly refrains from commenting on the merits of the underlying criminal allegations.

Issues considered

Whether the applicant is entitled to bail during the pendency of trial despite the serious nature of the alleged offences.
Whether there is a likelihood of the applicant tampering with evidence or influencing witnesses if released on bail.
Whether the applicant's custody since 12 January 2026 and the case pendency justify denial of bail.

Legislation cited

Bombay Narcotic Substances Act — s. 3
Indian Penal Code — s. 309, 317

Subjects

bail
criminal procedure
presumption of innocence
sureties
conditions of bail
trial pendency

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30341 of 2026

Harsh @ Heera
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Akash Tyagi, Neha Tyagi
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. 11 of 2026, under Sections 309(6), 317(4),
317(5), 3(5) BNS, Police Station- Sihani Gate, District- Ghaziabad,
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 FIR has been lodged against
unknown person and his name was surfaced during the course of
investigation through the statement of co-accused Veer@ Kallu. 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 as per prosecution, co-accused
Veer@ Kallu@ Ballu caused knife injury to the injured and applicant was
standing nearby the place of incidence. Co-accused Sonu has been
granted bail by co-ordinate Bench of this Court vide order dated 7.5.2026
in Criminal Misc. Bail Application No. 12671 of 2026. Criminal history
of the applicant has been explained in the supplementary affidavit and he
is languishing in jail since 12.1.2026. 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
BAIL No. 30341 of 2026
2

the trial.

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

Let applicant, Harsh @ Heera 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

Continue reading with your account

Checking your session…