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Allahabad High Court

VISHAL SONIversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to be released on bail during the pendency of the trial.

Summary

Vishal Soni applied for bail in a criminal case (Crime No. 273 of 2025) where he was charged under Sections 303(2), 317(2) and 317(4) of the Indian Penal Code. He claimed he was falsely implicated, not named in the FIR, and that the alleged recovery of a motorcycle from his possession lacked independent evidence and identification. The State opposed the bail, but the court examined the record, the nature of the allegations, and the applicant's prolonged pre‑trial detention since 19‑02‑2026. Considering the heavy pendency of cases and the applicant’s assurances, the court found no reason to deny bail. Consequently, the bail application was allowed subject to a personal bond, two sureties, and standard conditions to prevent tampering with evidence or intimidation of witnesses. The court expressly stated that its observations were limited to the bail application and would not affect the merits of the trial.

Issues considered

  • Whether the applicant is entitled to bail during the pendency of trial under Sections 303(2), 317(2) and 317(4) of the IPC

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Section 303
  • Section 317
  • false implication
  • pre‑trial detention
  • sureties

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 31687 of 2026

Vishal Soni
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Aniruddh Tiwari, Shivendra Kumar
                                Singh
Counsel for Opposite Party(s) : G.A.

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

Supplementary affidavit filed on behalf of applicant is taken on record.

Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 273 of 2025, under Sections 303(2), 317(2),
317(4) BNS, Police Station- Chhawani, District- Basti, during pendency
of the trial in the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The applicant is not named in the FIR and
his name surfaced during the course of investigation. It is next 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 a false recovery of motorcycle has been shown from the
possession of the applicant. There is no independent witness of the alleged
recovery. No test identification parade was conducted that the applicant and
the person, seen in the CCTV footage, are same. Criminal history of the
applicant has been explained in the instant bail application. The applicant
is languishing in jail since 19.02.2026. It is also submitted that the
applicant undertakes that he will not misuse the liberty, if granted. It has
also been pointed out that in the wake of heavy pendency of cases in the
Court, there is no likelihood of any early conclusion of trial.

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

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
                                                                                            BAIL No. 31687 of 2026
                                                                    2


                                    that the applicant is entitled to be enlarged on bail during the pendency of
                                    the trial.

                                    Accordingly, without expressing any opinion on the merits of the case,
                                    the instant bail application is allowed.

                                    Let applicant, Vishal Soni be released on bail in the aforesaid case on his
                                    executing a personal bond and furnishing two sureties each in the like
                                    amount to the satisfaction of the court concerned subject to the 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.

                                    It is further directed that the identity, status and residence proof of the
                                    sureties be verified by the authorities concerned before they are accepted.

                                    In case of breach of any of the above conditions, the trial court will be at
                                    liberty to cancel the bail.

                                    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 30, 2026
                                    KK Patel




Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad


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