Created by Fuzzy Cloud

Allahabad High Court

ANKUR AGRAWALversusSTATE OF U.P.

Decided

Holding

In the absence of direct evidence linking the applicant to the alleged offence and considering his clean record and extended pre‑trial custody, the court held that bail must be granted.

Summary

The Allahabad High Court considered a bail application filed by Ankur Agrawal in a case involving alleged misappropriation of gold ornaments from a bank safe. The applicant was not named in the FIR; his name surfaced later based on a co‑accused's confessional statement. The court noted that there was no independent evidence linking the applicant to the offence, he had no prior criminal record, and had been in custody since 19‑06‑2026. Considering the nature of the allegations, the length of pre‑trial detention, and the anticipated duration of the trial, the court found the applicant had made out a case for bail. Consequently, the bail application was allowed subject to a personal bond, sureties, and standard conditions.

Issues considered

  • Whether bail should be granted when the applicant was not named in the FIR and is implicated solely on the basis of a co‑accused's statement.
  • Whether the applicant's lack of prior criminal history and prolonged pre‑trial detention justify the grant of bail.
  • Whether the nature of the allegations and the expected length of the trial affect the bail decision.

Legislation cited

  • Banking Regulation Act, 2023 — s. 316(5), 61(2)

Subjects

  • bail
  • pre‑trial detention
  • false implication
  • co‑accused statement
  • banking fraud
  • Sections 316(5) 61(2) B.N.S. 2023
  • Allahabad High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 31586 of 2026

Ankur Agrawal
                                                          .....Applicant(s)
                                  Versus

State of U.P.
                                                             .....Opposite
                                                                   Party(s)

Counsel for Applicant(s)                   :   Pankaj Kumar Shukla
Counsel for Opposite Party(s)              :   G.A.

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

Heard learned counsel for the applicant, Sri Santosh Kumar Singh
Paliwal, learned counsel for the informant, learned AGA for the State and
perused the record.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 82 of 2026, under Sections 316(5), 61(2) B.N.S.
2023, Police Station Aron, District Firozabad, during the pendency of
trial.

It is argued by learned counsel for the applicant that the applicant has
been falsely implicated in the present case due to ulterior motive and has
no concern whatsoever with the alleged offence. As per the prosecution
version contained in the FIR, the informant, who is the Chief Manager of
the Bank of India, was informed by the Branch Manager that one of the
officers, namely, Dilip Kumar, was not attending the branch and was in
possession of the keys of the safe, due to which the normal functioning of
the branch was being adversely affected. Thereafter, during the course of
investigation, the safe was opened under CCTV surveillance with the help
of a duplicate key, whereupon it was allegedly found that 96 packets of
gold ornaments, which had been deposited by the customers, were
missing. Learned counsel submits that the FIR was lodged against three
named accused persons, whereas the applicant was admittedly not named
therein. The name of the applicant subsequently surfaced during the
course of investigation on the basis of the alleged confessional statement
                                                         BAIL No. 31586 of 2026
                                2


of the named co-accused. It is further submitted that there is no
independent, reliable or cogent material on record connecting the
applicant with the alleged misappropriation. Co-accused of the applicant
Rishabh Chauhan has already granted bail by this Court vide order dated
31.8.2026 passed in Criminal Misc. Bail Application No. 28055 of 2026.
Learned counsel further submits that the applicant has no previous
criminal history. The applicant has been languishing in jail since
19.06.2026. It is also submitted that the trial is likely to take considerable
time to conclude and, in the event of his release on bail on the ground of
parity, the applicant undertakes that he shall not misuse the liberty of bail,
shall cooperate with the trial.

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

Having considered the submissions advanced by learned counsel for the
parties and having perused the material available on record, this Court
finds that the applicant was not named in the FIR and his name surfaced
subsequently during the course of investigation on the basis of the
statement of co-accused. The applicant has no previous criminal history
and has been in custody since 19.06.2026. Without expressing any
opinion on the merits of the case, and considering the overall facts and
circumstances of the case, the nature of the allegations, the period of
incarceration and the likelihood of the trial taking considerable time to
conclude, this Court is of the considered opinion that the applicant has
made out a case for grant of bail.

Accordingly, the bail application is allowed.

Let the applicant-Ankur Agarwal be released on bail in the aforesaid
case on furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned with the following
conditions:-

(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
                                                                                           BAIL No. 31586 of 2026
                                                                   3


                                    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.
                                    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.

                                    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
                                    Brijesh




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

Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.