Allahabad High Court
KESHAVversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The second bail application was dismissed as it lacked any fresh ground.
Summary
The applicant, Keshav, filed a second bail application in a criminal case (Crime No.0019 of 2025) after his earlier bail plea was denied. He claimed that two new witnesses examined after the first order did not support the prosecution, asserting readiness to cooperate with trial and not misuse liberty. The State, represented by the informant's counsel and the A.G.A., contested the claim, stating that three witnesses had already been examined and the alleged hostility of witnesses was false. The court found that the second application presented no fresh ground and was therefore devoid of merit. Consequently, the bail application was rejected, with the court emphasizing that the decision pertains only to bail and not the trial's merits, and directing an expeditious trial if no legal impediment exists.
Issues considered
- Whether the applicant is entitled to bail on the basis of newly examined witnesses who allegedly do not support the prosecution
- Whether a second bail application can be entertained without any fresh ground
Legislation cited
- B.N.S. — s. 103(1)
Subjects
- bail
- second bail application
- no fresh ground
- criminal procedure
- Section 103(1) B.N.S.
- expeditious trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31596 of 2026
Keshav
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Devendra Kumar Tiwari
Counsel for Opposite Party(s) : G.A., Prabhat Kumar Tiwari
Court No. - 68
(Sr. No.3 out of 318)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Devendra Kumar Tiwari, learned counsel for applicant, Sri
Prabhat Kumar Tiwari, learned counsel for the informant, Sri Ram Mohit
Yadav, learned A.G.A. for the State and perused the material placed on
record.
3. This is the second bail application on behalf of the applicant. The first one
was rejected by this Court vide order dated 03.02.2026 passed in Criminal
Misc. Bail Application No.26541 of 2025.
4. The present bail application has been filed by the applicant in Case Crime
No.0019 of 2025, under Section 103(1) B.N.S., Police Station Iradatnagar,
District Agra with the prayer to enlarge him on bail.
5. Learned counsel for the applicant has stated that as a new ground, two
witnesses have been examined subsequent to the earlier order and they have
not supported the prosecution story. The applicant is in jail since 19.02.2025
and is ready to cooperate with trial. In case, the applicant is released on bail,
he will not misuse the liberty of bail.
6. Per contra, learned counsel for the informant and learned A.G.A. have
vehemently opposed the bail application on the ground that already three
witnesses have been examined and the said statement that the witnesses are
hostile is false; as such, the applicant is not entitled to bail.
BAIL No. 31596 of 2026
2
7. After hearing learned counsel for the parties and taking into consideration
the fact that no new ground is there for pressing the second bail application,
I do not find it a fit case for grant of bail to the applicant. The bail
application is found devoid of merits and is, accordingly, rejected.
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.
9. However, it is directed that the aforesaid case pending before the trial
court be decided expeditiously, as early as possible, in accordance with law,
if there is no legal impediment.
(Krishan Pahal,J.)
September 9, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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