KULWANT SINGHversusSTATE OF U.P.

   HIGH COURT OF JUDICATURE AT ALLAHABAD

  CRIMINAL MISC. BAIL APPLICATION No. - 31329 of
                      2026

Kulwant Singh
                                                   .....Applicant(s)
                             Versus
State of U.P.
                                                      .....Opposite
                                                            Party(s)

Counsel for Applicant(s)      : M.J. Akhtar, Shahzad Alam,
                                Sr. Advocate
Counsel for Opposite Party(s) : G.A., Saif Ali Khan, Shivam
                                Kumar Dubey

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

1. Learned counsel for the applicant has filed supplementary
affidavit in Court today, which is taken on record.

2. Heard learned counsel for the applicant and learned AGA for
the State-respondent, learned counsel for opposite party no. 2 and
perused the record of the case.

3. The instant application has been filed seeking release of the
applicant on bail in Case Crime No. 328 of 2026, under Sections
318(4), 338, 336(3), 340(2) BNS, Police Station- Kotwali Shahar,
District- Bijnor, during pendency of the trial in the court below.

4. 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 there is matrimonial dispute
between daughter of informant and the present applicant. The
applicant is husband of the daughter of the first informant. The
applicant is employh of Defence Research and Development
Organization, Ministry of Defence, Government of India. No
offence is made out against the applicant under the aforesaid
sections. He next submitted that the applicant is languishing in
jail since 04.05.2026. It is also submitted that the applicant
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                            2

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.

5. The prayer for bail has been vehemently opposed by learned
A.G.A.

6. Keeping in view the nature of the offence, evidence,
complicity of the accused, severity of the punishment, and
submissions of 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.

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

8. Let applicant, Kulwant Singh 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.

9. It is further directed that the identity, status and residence proof
of the sureties be verified by the authorities concerned before
they are accepted.

10. In case of breach of any of the above conditions, the trial
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                                                                    3

                                        court will be at liberty to cancel the bail.

                                        11. 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.

                                        12. However, the trial court concerned is directed to expedite the
                                        matter and decide the same in accordance with law without
                                        granting unnecessary adjournment to either of the parties.

                                        September 21, 2026
                                        v.k. updh.
                                                                                       (Jai Prakash Tiwari,J.)




Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad