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Allahabad High Court

SURAJ THAKURversusSTATE OF U.P.

Decided

Holding

The bail application is allowed and the applicant is released on bail subject to specified conditions.

Summary

The High Court of Allahabad considered a bail application filed by Suraj Thakur in Criminal Misc. Bail Application No. 30419 of 2026, relating to FIR No. 231 of 2026 involving alleged extortion and multiple IPC offences. The applicant pleaded innocence, claiming false implication and no evidence of money received or recovered from his possession, and highlighted that a co‑accused had already been granted bail. The State opposed the bail, but the Court examined the nature of the allegations, the applicant's custody since 23 May 2026, and the heavy pendency of cases. Without expressing any view on the merits, the Court held that the applicant is entitled to bail during the trial. Accordingly, bail was granted on personal bond and two sureties, subject to conditions prohibiting tampering with evidence, intimidation of witnesses, further offences, and inducement of witnesses, with a warning that breach would lead to cancellation.

Issues considered

  • Whether the applicant is entitled to bail pending trial despite the seriousness of the charges under Sections 61(2), 115(2), 351(3), 309(6), 352, 127(2), 317(2), 112(2) of the IPC.
  • Whether the applicant poses a risk of tampering with evidence or influencing witnesses.

Legislation cited

Subjects

  • bail
  • extortion
  • false implication
  • IPC sections
  • sureties
  • court conditions
  • trial pendency

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 30419 of 2026

Suraj Thakur
                                                            .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)      : Dr. Akhilesh Kumar, Vijay Kumar
                                Mishra
Counsel for Opposite Party(s) : G.A.

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

Heard Dr. Akhilesh Kumar, Vijay Kumar Mishra, learned counsels 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. 231 of 2026, under Sections 61(2), 115(2),
351(3), 309(6), 352, 127(2), 317(2), 112(2) BNS, Police Station- Ekta,
District- Agra, 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 relates to alleged extortion
of money. 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 neither any money has
been received by the applicant nor any amount has been credited in his
account. Nothing incriminating has been recovered from the possession of
the applicant. Similarly placed co-accused Naman Yadav has been
granted bail by this Bench vide order dated 20.8.2026 in Criminal Misc.
Bail Application No. 24216 of 2026. The applicant is languishing in jail
since 23.5.2026. 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. 30419 of 2026
                                                                    2


                                    the trial.

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

                                    Let applicant, Suraj Thakur 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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