Allahabad High Court
SUKHVEERversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to be released on bail during the trial.
Summary
The High Court of Allahabad considered a bail application filed by Sukhveer, who was arrested in Crime No. 192 of 2026 under IPC sections 310(2) and 317(3) and CrPC section 61(2). The applicant claimed absolute innocence, stating that his name was added to the FIR based on an informer's tip and that the alleged recovery of Rs. 50,000 was false and unsubstantiated. The State opposed the bail, but the court, after reviewing the record and the circumstances, concluded that bail could be granted without expressing any opinion on the merits. The court ordered the release of the applicant on personal bond and two sureties, subject to conditions prohibiting tampering with evidence, intimidation of witnesses, and commission of similar offences. The order expressly limited its observations to the bail application and clarified that they would not affect the trial's merits.
Issues considered
- Whether the applicant Sukhveer is entitled to bail during the pendency of trial under the circumstances alleged.
Legislation cited
- Code of Criminal Procedure — s. 61(2)
- Indian Penal Code — s. 310, 317
Subjects
- bail
- IPC 310
- IPC 317
- CrPC 61(2)
- sureties
- false implication
- presumption of innocence
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32866 of 2026
Sukhveer
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Amit Yadav, Ray Sahab Yadav
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. 192 of 2026, under Sections 310(2), 317(3), 61(2)
BNS, Police Station- Kotwali, District- Jhansi, 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 in the present matter during the course of investigation
in the basis of information furnished by police informer. 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 and planted recovery of Rs.
50,000/- has been shown from the possession of the applicant. There is no
independent witness of the alleged recovery. The main allegation of
commission of alleged crime is against co-accused Suryansh. Criminal
history of the applicant has been explained in the instant bail application.
The applicant is languishing in jail since 13.07.2026. 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. 32866 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, Sukhveer 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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