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Allahabad High Court

BHIM RAOversusSTATE OF U.P.

Decided

Holding

The court allowed the bail application, granting bail to the accused during the pendency of trial.

Summary

The High Court considered a bail application filed by Bhim Rao, who is accused under IPC sections 420, 467, 468, 471, 120‑B and 34 in a land‑allotment dispute case. The applicant claimed innocence, stating he merely implemented an order as a consolidation Lekhpal and had no role in the alleged fraud. The State opposed bail, but the court noted that co‑accused had already been granted anticipatory and interim bail, and the applicant had no prior criminal record and had been in custody since July 2026. Weighing the nature of the allegations, the pendency of trial, and the applicant's willingness to comply with conditions, the court decided to release him on bail. The bail was conditioned on a personal bond, two sureties, and strict directives to not tamper with evidence, intimidate witnesses, or commit similar offences.

Issues considered

  • Whether bail should be granted to the accused pending trial for offences under sections 420, 467, 468, 471, 120‑B and 34 IPC.
  • Whether the applicant poses a risk of tampering with evidence or influencing witnesses.
  • Whether the applicant's prior conduct and the pendency of the trial justify bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • IPC offences
  • sureties
  • trial pendency
  • evidence tampering
  • witness intimidation

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30388 of 2026

Bhim Rao
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Avinash Pandey, Ramesh Chandra
                                Yadav
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. 156 of 2026, under Sections 420, 467, 468, 471,
120-B, 34 IPC, Police Station- Gunnaur, District- Sambhal, 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 arises out of alleged
irregularity committed in allotment of pattas. It is next submitted that
applicant is having no concern with the allegations levelled against him
and he being consolidation Lekhpal at the relevant point of time has not
committed any offence as alleged by prosecution. As per the report of
S.D.O. and Tehsildar Gunnaur, the applicant has only implemented the
order dated 7.12.2021 passed by the Consolidation Officer, Gunnaur and
except this, no role has been assigned to the applicant in allotment
proceeding. Co-accused Karam Singh, the then Tehsildar, has been
granted anticipatory bail by co-ordinate Bench of this Court vide order
dated 14.8.2026 in Criminal Misc. Anticipatory Bail Application U/s 482
BNSS No. 8053 of 2026. Co-accused Amit Kumar, the Lekhpal, has been
granted interim protection by Division Bench of this Court vide order
dated 12.8.2026 in Criminal Misc. Writ Petition No. 16611 of 2026.
Charge has already been submitted in the matter. Except the present case,
the applicant is not having any other criminal history and he is
languishing in jail since 3.7.20263. 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.
                                                                                            BAIL No. 30388 of 2026
                                                                    2


                                    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.

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

                                    Let applicant, Bhim Rao 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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