Allahabad High Court
AJAY JAINversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that, on a prima facie basis, the applicant is entitled to bail.
Summary
Ajay Jain applied for bail in a criminal case (Crime No. 393 of 2023) involving offences under Sections 420, 467, 468, 471, 120‑B of the Indian Penal Code and Sections 60(1) and 63 of the Excise Act. The applicant was not named in the original FIR; his name surfaced only after about two and a half years in the confessional statement of a co‑accused, which the court held has no evidentiary value. The court noted that Jain has no prior criminal record and, after considering the material on record and the submissions of counsel, found that he had made out a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and conditions not to tamper with evidence or intimidate witnesses. The order also warned that breach of conditions would lead to cancellation of bail, without affecting the trial on merits.
Issues considered
- Whether bail should be granted to the accused despite serious charges under the IPC and Excise Act.
- Whether the late inclusion of the accused’s name in a co‑accused’s confessional statement can justify denial of bail.
- Whether the absence of prior criminal antecedents influences the bail decision.
Legislation cited
- Excise Act — s. 60(1), 63
- Indian Penal Code — s. 120-B, 420, 467, 468, 471
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Excise Act
- confessional statement
- delay in charge sheet
- no prior criminal record
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31587 of 2026
Ajay Jain
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Raghuvansh Misra
Counsel for Opposite Party(s) : G.A.
Court No. - 68
(Sl. No. 45 out of 185)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Ashwani Tripathi, learned Advocate holding brief for Sri
Raghuvansh Misra, learned counsel for the applicant, Sri A.K. Mishra,
learned A.G.A. for the State and perused the material placed on record.
3. Applicant seeks bail in Case Crime No. 393 of 2023, under Sections 420,
467, 468, 471, 120-B IPC and 60(1), 63 of Excise Act, Police Station
Nawabganj, District Prayagraj, during the pendency of trial.
4. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the fact that applicant is not named in the FIR and that his
name has come up after a delay of about two and a half years, that too, in the
confessional statement of co-accused person, Navdeep Singh, which has no
evidentiary value in the eyes of law; there being no criminal antecedents to
his credit and without expressing any opinion on the merits of the case,
prima facie, the Court is of the view that the applicant has made out a case
for bail. Accordingly, the bail application is allowed.
5. Let the applicant- Ajay Jain, who is involved in aforementioned case
crime be released on bail on his furnishing a personal bond and two sureties
each in the like amount to the satisfaction of the court concerned subject to
verification of sureties, with the condition that he shall not tamper with
BAIL No. 31587 of 2026
2
evidence or intimidate witnesses and shall appear before the trial court as
required.
6. Breach of any of the above condition shall entail cancellation of bail. The
observation herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 8, 2026
Shalini
Digitally signed by :-
SHALINI JAISWAL
High Court of Judicature at Allahabad
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