Allahabad High Court

AMANversusSTATE OF U.P.

Decided: 29 September 2026
Bench: JAI PRAKASH TIWARI

Holding

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

Summary

The High Court of Allahabad considered a bail application filed by Aman, who had been in custody since August 8, 2024, in a case under IPC sections 109(1), 310(4), 310(6) and 317(5). The applicant’s counsel argued that he was falsely implicated, had no criminal history, and had been detained for over two years without trial, while the State opposed bail. After reviewing the record and the seriousness of the allegations, the court decided that bail could be granted without commenting on the merits of the case. The court ordered Aman’s release on personal bond with two sureties, subject to conditions prohibiting tampering with evidence, intimidation of witnesses, and committing similar offences. The bail order also directed verification of sureties and warned that breach of conditions could lead to cancellation.

Issues considered

Whether bail should be granted to an accused charged under IPC sections 109, 310 and 317 during the pendency of trial
Whether the applicant’s alleged innocence, long pre‑trial detention and lack of flight risk justify bail
Whether the conditions imposed are sufficient to safeguard the trial process

Legislation cited

Indian Penal Code — s. 109, 310, 317

Subjects

bail
pre‑trial detention
IPC
section 109
section 310
section 317
high court
Allahabad
sureties
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31746 of 2026

Aman
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Narayan Swaroop, Vinay Kumar Singh
Counsel for Opposite Party(s) : G.A.

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

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. 195 of 2024, under Sections 109(1), 310(4),
310(6), 317(5) BNS, Police Station- Bhopa, District- Muzaffar Nagar,
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. Though, the applicant is named in the FIR
but he was not arrested at spot and his name has been disclosed by other
co-accused. 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 it is a case of police
party firing encounter case, in which none of the police personnel
sustained any injury. Criminal history of the applicant has been explained
in the instant bail application. The applicant is languishing in jail since
8.8.2024 i.e. for last more than two years. 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
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,
BAIL No. 31746 of 2026
2

the instant bail application is allowed.

Let applicant, Aman 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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