Allahabad High Court

PAWANversusSTATE OF U.P.

Decided: 8 September 2026
Bench: JAI PRAKASH TIWARI

Holding

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

Summary

The High Court of Allahabad considered a bail application filed by Pawan, who was arrested in connection with Crime No. 383 of 2026 under several sections of the Indian Penal Code. The applicant pleaded innocence, argued that the allegations were vague, and highlighted the absence of incriminating material and any prior criminal record. The court noted that co-accused had already been granted bail and that the applicant had been in custody since 21 July 2026. After evaluating the facts, the court concluded that bail could be granted without expressing an opinion on the merits of the case. Accordingly, Pawan was released on bail subject to a personal bond, two sureties, and specific conditions to prevent tampering with evidence or influencing witnesses.

Issues considered

Whether the applicant Pawan is entitled to bail during the pendency of trial under the circumstances of the case.

Legislation cited

Indian Penal Code — s. 109(1), 115(2), 191(2), 191(3), 3(5), 351(3), 352

Subjects

bail
criminal procedure
Indian Penal Code
presumption of innocence
sureties
conditions of bail
trial pendency

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 30688 of 2026

Pawan
.....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
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.
BAIL No. 30688 of 2026
2

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, Pawan 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 9, 2026
KK Patel

Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad

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