Allahabad High Court
VIKASversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that, given the facts and circumstances, the applicant is entitled to bail.
Summary
Vikas, the applicant, was arrested in connection with Crime No. 473 of 2026 under IPC sections 310(2) and 317(3) and has been in jail since 21 June 2026. He contended that he was falsely implicated, not named in the FIR, and that the alleged recovery from his possession lacked any independent witness. The prosecution did not dispute these contentions but opposed bail on general grounds. The Court, after reviewing the record and the nature of the allegations, found the case suitable for bail without expressing any view on the merits. Accordingly, bail was granted subject to a personal bond, two reliable sureties, and conditions prohibiting tampering with evidence, inducement of witnesses, and involvement in criminal activity.
Issues considered
- Whether the applicant is entitled to bail in a case involving IPC sections 310(2) and 317(3) despite the seriousness of the offences.
- Whether the alleged false implication and lack of independent evidence justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 310(2), 317(3)
Subjects
- bail
- false implication
- IPC 310
- IPC 317
- criminal procedure
- surety
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31454 of 2026
Vikas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Vipin Gangwar
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. and perused
the record.
2. The applicant is involved in Case Crime No. 473 of 2026 under
Sections -310(2), 317(3) BNS Police Station - Baheri District - Bareilly.
3. Learned counsel for the applicant has submitted 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. The
applicant has criminal history of one case, which has been explained in
supplementary affidavit. The applicant is in jail since 21.06.2026.
Therefore, the applicant is entitled for bail. Learned counsel for the
applicant has further submitted 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. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
BAIL No. 31454 of 2026
2
5. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
6. Let applicant -Vikas be released on bail in the aforesaid case crime
number on furnishing a personal bond and two reliable sureties of the
like amount to the satisfaction of the court concerned subject to following
conditions, which are being imposed in the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
7. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
8. 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 8, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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