Allahabad High Court
AMARJEET SINGHversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to bail pending trial as there is no likelihood of flight, evidence tampering, or witness intimidation.
Summary
The High Court considered a bail application filed by Amarjeet Singh, a bank branch manager, who was charged under Sections 409, 467, 468, 471 and 120B of the Indian Penal Code for alleged misappropriation of Rs.1,00,000 in a fixed‑deposit transaction. The applicant asserted that the amount had been repaid by the bank, that he was falsely implicated, and that there was no material linking him to the alleged conspiracy; he had been in judicial custody since 04‑12‑2025. The State opposed the bail but did not dispute the applicant’s factual contentions. After reviewing the nature of the allegations, the applicant’s criminal history and the risk of flight or tampering, the court found no sufficient ground to deny bail. Accordingly, the court granted bail subject to a personal bond, two sureties and a set of conditions, without expressing any opinion on the merits of the case.
Issues considered
- Whether bail can be granted to an accused charged with offences under Sections 409, 467, 468, 471 and 120B IPC.
- Whether the applicant poses a risk of fleeing, tampering with evidence or intimidating witnesses.
- Whether the applicant’s claim of innocence and repayment of the disputed amount affect the bail decision.
Legislation cited
- Indian Penal Code — s. 120B, 409, 467, 468, 471
Subjects
- bail
- Indian Penal Code
- criminal procedure
- presumption of innocence
- sureties
- court conditions
- non‑bailable offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32921 of 2026
Amarjeet Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Upendra Kumar Pushkar
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant as well as learned AGA for the
State and perused the record.
The present bail application has been filed by the applicant seeking bail in
Case Crime No. 566 of 2023, under Sections 409, 467, 468, 471, 120B
IPC, Police Station- Quarsi, District - Aligarh.
Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the present case. As per the prosecution
case, the informant went to the office of the Bank Manager along with a
sum of Rs. 1,00,000/- in cash for the purpose of making a Fixed Deposit.
It is alleged that the Manager concerned and Saurabh Gupta, who was
sitting near him, obtained the signature of the informant on a blank paper.
Thereafter, when the informant visited the bank, the bank employees
provided him with the statement relating to the F.D., but did not provide
the original F.D. receipt. On coming to know that the amount of Rs.
1,00,000/- had not been deposited in his account, the informant alleged
that the said amount had been misappropriated by the bank employees in
furtherance of a conspiracy. It is submitted that the applicant was posted
as the Branch Manager of the bank concerned. It is further submitted that
the entire amount of Rs 1,00,000/-, along with interest, has already been
paid by the bank to the informant and, therefore, no amount remains due
to him. It is further submitted that the applicant is not the beneficiary of
the alleged transaction and that there is no material to establish his
BAIL No. 32921 of 2026
2
involvement in the commission of the alleged offence. The criminal
history of the applicant has been duly explained in paragraph 18 of the
instant bail application. The applicant has been in judicial custody since
04.12.2025. It is further submitted that there is no likelihood of the
applicant fleeing from the course of justice or misusing the liberty of bail,
if granted. The applicant undertakes to cooperate with the trial.
Learned A.G.A. has, however, opposed the prayer for grant of bail, but he
has not disputed the above contention made by the learned counsel for the
accused-applicant.
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, the
instant bail application is allowed.
Let applicant, Amarjeet Singh 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
BAIL No. 32921 of 2026
3
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 23, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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