Allahabad High Court
SUNIL KUMARversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and consequently granted bail.
Summary
Sunil Kumar, a laborer, was arrested on 4 August 2026 and charged under several sections of the Indian Penal Code, the Trademark Act, 1999 and the Essential Commodities Act, 1955. He applied for bail, claiming he is innocent, has no criminal record and was falsely implicated. The State opposed the bail but could not refute the applicant's submissions. The High Court, after examining the material on record, held that prima facie the applicant had established a right to bail and ordered his release on personal bond and two sureties, subject to standard conditions. The order expressly stated that the bail grant does not prejudice the trial on the merits.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under IPC sections 318(4), 336(3), 338, 340(2), Trademark Act sections 103/104 and Essential Commodities Act sections 3/7, considering the claim of innocence and lack of prior criminal record.
Legislation cited
- Essential Commodities Act, 1955 — s. 3, 7
- Indian Penal Code — s. 318(4), 336(3), 338, 340(2)
- Trademark Act, 1999 — s. 103, 104
Subjects
- bail
- criminal procedure
- IPC
- Trademark Act
- Essential Commodities Act
- presumption of innocence
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 31963 of 2026
Sunil Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Birendra Singh, Swati Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Birendra Singh, learned counsel for the applicant, Sri Arun
Kumar Mishra, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.215 of 2026, under Sections
318(4), 336(3), 338, 340(2) BNS, Section 103/104 Trademark Act, 1999 and
Section 3/7 Essential Commodities Act, 1955, Police Station Charva,
District Kaushambi, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
applicant was laborer only and has nothing to do with the said offence. The
allegations levelled against the applicant are per se false. The applicant has
no criminal history and is in jail since 4.8.2026. He undertakes to cooperate
with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, and without
expressing any opinion on the merits of the case, prima-facie the Court is of
BAIL No. 31963 of 2026
2
the view that the applicant has made out a case for bail. The bail application
is allowed.
7. Let the applicant- Sunil Kumar, be released on bail in the aforementioned
case crime on furnishing a personal bond and two sureties to the satisfaction
of the court concerned, subject to verification of sureties, with the conditions
that he shall not tamper with evidence or intimidate witnesses and shall
appear before the trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
September 9, 2026
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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