Allahabad High Court
ADESHversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Adesh, who is accused in a criminal case (Crime No. 383 of 2026) under several IPC sections. The applicant claimed innocence, lack of incriminating material, and no prior criminal record, while co-accused had already been granted bail. The State opposed the bail, but the court, after reviewing the record and arguments, decided that bail should be granted without commenting on the merits. The court ordered the applicant's release on personal bond with two sureties, subject to conditions such as not tampering with evidence or intimidating witnesses. The order also directed verification of sureties' identity and status, and warned that bail could be cancelled for breach of conditions.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial under the applicable criminal procedure provisions.
Legislation cited
- Indian Penal Code — s. 109(1), 115(2), 191(2), 191(3), 3(5), 351(3), 352
Subjects
- bail
- Indian Penal Code
- presumption of innocence
- trial pendency
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30684 of 2026
Adesh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Dev Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
The present case has been taken up out of turn under the category of
mention cases.
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. 383 of 2026, under Sections 109(1), 3(5), 191(2),
191(3), 351(3), 352, 115(2) BNS, Police Station- Jahangirabad, District-
Bulandshahr, 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. 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
general and omnibus allegations have been levelled all the accused. No
specific role has been attributed to the applicant. In the incident both the
sides sustained injuries. Nothing incriminating material has been
recovered from the possession of the applicant. Similarly placed co-
accused Kanhaiya Lal@ Pappu and Roht have been granted bail by co-
ordinate Bench(s) of this Court vide orders dated 24.8.2026 and 31.8.2026
in Criminal Misc. Bail Application No. 29802 of 2026 and 30335 of 2026
respectively. Except the present case, the applicant is not having any other
criminal history and he is languishing in jail since 21.7.2026. It is also
BAIL No. 30684 of 2026
2
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.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Adesh 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.
BAIL No. 30684 of 2026
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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 9, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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