Allahabad High Court
BRIJESH KUMARversusSTATE OF UP
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail as the case is fit for bail, without expressing any opinion on the merits.
Summary
The High Court considered the bail application of Brijesh Kumar, who is implicated in a criminal case under Sections 3(5), 61(2), 309(6) and 317(2) of the B.N.S. The applicant claimed he was falsely implicated, not named in the FIR, and that the recovery alleged by the prosecution was fabricated with no independent witness. He pointed to the fact that co‑accused persons had already been granted bail and argued for parity. The State opposed bail but could not refute the applicant’s factual submissions. After weighing the nature of the allegations, the period of custody, and the applicant’s criminal history, the Court, without opining on the merits, held that the case was fit for bail and ordered his release on personal bond and two sureties with standard conditions. The bail was granted subject to conditions to prevent tampering with evidence, intimidation of witnesses, and commission of similar offences.
Issues considered
- Whether the applicant is entitled to bail despite serious charges under the B.N.S.
- Whether parity with co‑accused who were granted bail warrants granting bail to the applicant
- Whether the alleged false implication and lack of independent evidence affect bail eligibility
Legislation cited
- B.N.S. — s. 309(6), 317(2), 3(5), 61(2)
Subjects
- bail
- false implication
- parity
- criminal procedure
- B.N.S.
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31426 of 2026
Brijesh Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Piyush Kumar Shukla, Saurabh Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A for the State
and perused the record.
2. The applicant is involved in Case Crime No.171 of 2025, under
Sections 3(5), 61(2), 309(6) and 317 (2) B.N.S., Police Station
Baruwasagar, District Jhansi.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. It is next submitted that
the applicant is not named in the FIR and his name came into the light
during the course of investigation. It is further submitted that a false
recovery has been shown from the possession of the applicant. There is no
independent public witness of the alleged recovery. It is also 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 the co-accused Vijay Pratap @ Sanee Rajawat, Kapi Patel
and Vinay Panchal have already been granted bail by this Court vide
orders dated 09.09.2025, 06.011.2025 and 15.11.2025 passed in Criminal
Misc. Bail Application Nos. 30696 of 2025, 36323 of 2025 36256 of
2025. The applicant's case is identical to the co-accused and he is also
entitled to bail on the ground of parity. The applicant has criminal history
of three cases, which has been explained in paragraph no.20 of the
affidavit filed in support of the bail application. The applicant is in jail
since 09.07.2025. Learned counsel for the applicant has further submitted
BAIL No. 31426 of 2026
2
that if the applicant is released on bail, the applicant would not misuse
liberty of bail and is ready to co-operate in the trial.
4. Learned A.G.A. opposed the prayer for bail but could not dispute the
aforesaid fact as argued by learned counsel for the applicant.
5. Considering the submission of learned counsel for the parties, facts of
the case, nature of allegation and period of custody, gravity of offence,
without expressing any opinion on the merits of the case, the Court is of
the opinion that it is a fit case for bail. Hence, the bail application is
hereby allowed.
6. Let the applicant -Brijesh Kumar involved in the aforesaid case be
released on bail on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to
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.
7. In case of breach of any of the above conditions, the court below shall
be at liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
September 8, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
Checking your session…