Allahabad High Court
AKASH KUMARversusSTATE OF U.P.
- Decided
- 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 considered a bail application filed by Akash Kumar in Criminal Case No. 313 of 2026, which alleged his involvement in extortion and impersonation of a police inspector under IPC sections 115, 127, 308 and 351. The applicant pleaded innocence, claiming false implication and lack of any prior criminal record, and argued that the evidence of recovery was unsubstantiated. The State opposed the bail, but the court examined the nature of the allegations, the applicant's custody since 1 August 2026, and the heavy pendency of cases. Finding no compelling reason to deny liberty and noting the applicant's willingness to comply with conditions, the court granted bail without commenting on the merits. The bail was ordered on personal bond with two sureties and specific conditions to prevent tampering with evidence, intimidation of witnesses, and commission of similar offences.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged impersonation of a police officer and extortion under IPC sections 115, 127, 308 and 351.
- Whether the applicant's claim of innocence, lack of prior criminal record, and trial pendency justify bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 318
- Indian Penal Code — s. 115, 127, 308, 351
Subjects
- bail
- extortion
- impersonation of police
- IPC
- CrPC
- trial pendency
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31874 of 2026
Akash Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Dubey, Chandra Bhan
Dubey
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. 313 of 2026, under Sections 318(4), 115(2),
127(2), 308(5), 351(2) BNS, Police Station- Crime Police Brahampuri,
District- Meerut, 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 case pertains to the alleged
extortion of money by a forged police team. It is alleged against the
applicant that he impersonated himself as a Police Inspector. 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 has been shown from
the possession of the applicant. There is no independent witness of the
alleged recovery. He next submitted that except the present case, the
applicant is not having any other criminal history and he is languishing in
jail since 01.08.2026. 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
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.
BAIL No. 31874 of 2026
2
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Akash Kumar 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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