Allahabad High Court
VIKASversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to be released on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Vikas, who was arrested in Crime No. 176 of 2026 under Sections 333, 309(6) and 351(3) of the Indian Penal Code. The applicant claimed innocence, alleging false implication and lack of independent evidence, and pointed out that he had no prior criminal record. The State opposed the bail, but the court, after reviewing the record and the circumstances, decided that bail could be granted without expressing an opinion on the merits. The court ordered Vikas to be released on personal bond with two sureties, subject to conditions such as not tampering with evidence or intimidating witnesses. The order emphasized that the bail decision is limited to the application and does not affect the trial's substantive issues.
Issues considered
- Whether bail should be granted to the accused Vikas in a case under Sections 333, 309(6) and 351(3) of the IPC pending trial
Legislation cited
- Indian Penal Code — s. 309(6), 333, 351(3)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- sections 333
- section 309(6)
- section 351(3)
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31794 of 2026
Vikas
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh 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. 176 of 2026, under Sections 333, 309(6), 351(3)
BNS, Police Station- Patiyali, District- Kasganj, 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 present FIR has been lodged against
unknown persons alleging therein that some unknown miscreants entered
in the house of the informant and assaulted her husband. 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 injuries sustained to the injured
Rahul are simple in nature. It is next submitted that a false recovery has
been shown from the possession of the applicant. There is no independent
witness of the alleged recovery. Except the present case, the applicant is not
having any other criminal history and he is languishing in jail since
04.07.2026. Similarly placed co-accused Abhishek has been granted bail
by this Bench vide order dated 25.8.2026 in Criminal Misc. Bail
Application No. 30037 of 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. 31794 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, Vikas 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 9, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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