Allahabad High Court
AMARJEET SINGHversusSTATE 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 Allahabad High Court considered bail application No. 32948 of 2026 filed by Amarjeet Singh, who is accused in Crime No. 546 of 2023 under IPC sections 409, 120B, 467, 468 and 471. The applicant claimed he was falsely implicated, noting that a Rs 10 lakh transfer alleged to be part of a conspiracy was returned by the bank and that a co‑accused had already been released on bail. The State opposed the bail but did not dispute the applicant’s factual contentions. After reviewing the record, the court found no flight risk, no prior criminal history, and no likelihood of tampering with evidence, and therefore granted bail without expressing an opinion on the merits. Bail was conditioned on a personal bond, two sureties, and standard conditions prohibiting evidence tampering, witness intimidation, and commission of similar offences. The order clarified that its observations are limited to the bail application and do not affect the trial’s merits.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under Sections 409, 120B, 467, 468 and 471 IPC
- Whether the applicant poses a risk of flight, evidence tampering or intimidation of witnesses
Legislation cited
- Indian Penal Code — s. 120B, 409, 467, 468, 471
Subjects
- bail
- IPC
- criminal procedure
- false implication
- sureties
- evidence tampering
- flight risk
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 32948 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 of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in
Case Crime No. 546 of 2023, under Sections 409, 120B, 467, 468, 471
IPC, Police Station- Quarsi, District - Aligarh.
Learned counsel for the applicant submitted that the applicant is innocent
and has been falsely implicated in the present crime. It is submitted that
the applicant is not a beneficiary and not committed any crime
whatsoever. It is further submitted that Rs. 10 Lacs, which was transferred
from account of the informant into the account of the applicant by the
bank employee under the conspiracy, has been returned back by the bank
authority accepting its responsibility along with interest into the account
of the informant namley Manoj Kumar Verma, in proof whereof, a copy
has been annexed as Annexure No. 3 of the present bail application. Co-
accused of the applicant namely Girishchandra Gupta has already granted
bail by the co-ordinate Bench of this Court vide order dated 9.1.2025
passed in Criminal Misc. Bail Application No. 46200 of 2024. Criminal
history of the applicant has been explained in para 16 of the instant bail
application. Applicant is in jail since 4.12.2025. It is also submitted that
there is no apprehension that after being released on bail, applicant may
flee from the course of law or may, otherwise, misuse the liberty of bail
and the possibility of conclusion of trial in near future is very bleak.
BAIL No. 32948 of 2026
2
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.
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.
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
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
BAIL No. 32948 of 2026
3
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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