Allahabad High Court
ADESHversusSTATE OF U.P.
- Decided
Holding
The applicant is entitled to be enlarged on bail for the charge under Section 64(2)(M) of the B.N.S.
Summary
The applicant, Adesh, filed a bail application in Criminal Misc. Bail Application No. 30485 of 2026 seeking release on bail for an additional charge under Section 64(2)(M) of the B.N.S. in Case Crime No. 94 of 2026. He contended that he was falsely implicated and that no incriminating material existed, noting that bail had already been granted for other sections of the same case. The State, represented by the Advocate General, opposed the bail. The court, considering the nature of the offence, the evidence, the applicant’s prior bail, the problem of overcrowded jails, and the Supreme Court’s guidelines in Kapil Wadhawan v. CBI (2025) and Maya Tiwari v. State of U.P. (2024), decided to grant bail without commenting on the merits. The bail was ordered on the same terms as previously granted. The application was allowed, and the applicant was released on bail.
Issues considered
- Whether bail should be granted to the applicant for the offence under Section 64(2)(M) of the B.N.S. during the pendency of trial
- Whether the addition of the new charge warrants denial of bail despite prior bail for other sections
Legislation cited
- B.N.S. — s. 64(2)(M)
Subjects
- bail
- false implication
- Section 64(2)(M)
- overcrowded jails
- Supreme Court precedent
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30485 of 2026
Adesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Narendra Kumar, Sitendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 67
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Narendra Kumar, learned counsel for the applicant and Shri
B.P. Maurya, learned A.G.A. for the State and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No. 94 of 2026, under Section 64(2)(M) of
B.N.S., Police Station Gagalheri, District Saharanpur, during the pendency
of the trial.
3. Learned counsel for the applicant has submitted that the applicant has
been falsely implicated in the present case though there is no incriminating
material against him. It is further submitted that the applicant has already
been granted bail in the present case for the offences under Sections 142,
143(2), 352 351(2), 64 of B.N.S., however, during investigation Section
64(2)(M) B.N.S. has been added.
4. Per contra, learned A.G.A. has vehemently opposed the prayer for bail.
5. The applicant has already been granted bail in the present case for the
offences under Sections 142, 143(2), 352 351(2), 64 of B.N.S., however,
during investigation Section 64(2)(M) B.N.S. has been added.
6. Considering the entire facts and circumstances of the case, submissions of
learned counsel for the parties and keeping in view the nature of offence,
evidence, complicity of the accused and taking into account overcrowded
jails and heavy pendency of criminal cases before the trial courts as well as
BAIL No. 30485 of 2026
2
considering the mandate of the judgement of the Apex Court in the case of
Kapil Wadhawan vs Central Bureau of Investigation reported in 2025 SCC
OnLine SC 3038 as well as guideline of this Court in the case of Maya
Tiwari Vs. State of U.P. reported in 2024 SCC Online All 6765 regarding
grant of bail and without expressing any opinion on the merits of the case, I
am of the opinion that the applicant is entitled to be enlarged on bail.
7. Accordingly, the present application is ALLOWED.
8. Let the applicant- Adesh involved in the aforementioned crime be
released on bail, on bail on the same terms and conditions, on which, the
applicant was granted bail by this Court vide order dated 03.08.2026 passed
in Criminal Misc. Bail Application No.23036 of 2026.
(Jitendra Kumar Sinha,J.)
September 8, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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