Allahabad High Court

VISHALversusSTATE OF U.P.

Decided: 6 May 2026
Bench: RAJIV LOCHAN SHUKLA

Holding

The bail application is allowed.

Summary

The High Court considered a bail application filed by Vishal, who has been in custody since 24 April 2025 in Crime No. 50 of 2025 under IPC Sections 109(1), 352 and 351(3). The applicant claimed false implication and argued that the key prosecution witnesses – the informant (PW1) and the injured party (PW2) – had turned hostile, as reflected in their statements annexed to the supplementary affidavit. The State could not dispute the hostility of these witnesses but opposed bail. After reviewing the facts, the court found that, in the absence of reliable testimony, there was a prima facie case for bail. Consequently, the bail application was allowed subject to a personal bond, sureties, and conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and ensuring regular court appearances.

Issues considered

Whether bail should be granted to the accused Vishal in view of the hostile stance of the prosecution witnesses.
Whether the nature of the offences under Sections 109(1), 352 and 351(3) of the IPC warrants denial of bail.

Legislation cited

Indian Penal Code — s. 109(1), 351(3), 352

Subjects

bail
hostile witnesses
Indian Penal Code
Section 109
Section 352
Section 351
criminal procedure
presumption of innocence

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33106 of 2025

Vishal
.....Applicant(s)
Versus

State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Atul Kumar, Sushil Kumar Pandey
Counsel for Opposite Party(s) : G.A., Madhava Nand Shukla

Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Supplementary Affidavit filed today in Court is taken on the record.

2. Heard Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.

3. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime no.50 of 2025, under Sections 109(1),
352, 351(3) BNS, Police Station Sikheda, District Muzaffar Nagar.

4. Learned counsel for the applicant states that He has been falsely
implicated in the present case. The FIR has been lodged against the
applicant and the co-accused Monu. The applicant is in jail Since
24.04.2025. He contends that the trial is in progress and the statement of
the informant has been recorded as PW1 and that of the injured as PW2.
Both the witnesses have turned hostile to the prosecution case and have
not supported it.

5. Learned AGA has opposed the prayer for bail, however, could not
dispute the fact that the informant and the injured have both turned
hostile.

6. I have considered the submissions made by Learned counsels for the
parties.

7. The certified copies of the statement of PW1 and PW2 have been
annexed as Annexure No.SA-1 to the supplementary affidavit. A perusal
BAIL No. 33106 of 2025
2

of the said statements indicates that the witnesses have turned hostile. The
categorical submission before the Trial Court in statement of the injured
is that the accused Monu and Vishal (applicant) did not cause any injury
to the injured.

7. Taking into consideration the entire facts and circumstances of the case
and also the role of the applicant, who is in jail since 24.04.2025, in the
prima facie opinion of the Court, a case for bail is made out.

8. The bail application is allowed.

9. Let the accused-applicant, Vishal, involved in above mentioned case
crime number be released on bail, on his executing a personal bond and
two reliable 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.

(ii) The applicant will not indulge in any criminal activity.

(iii) The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.

(iv) The applicant will appear regularly on each and every date fixed by
the trial court, unless his personal appearance is exempted by the court
concerned.

10. In the event of breach of any of the aforesaid conditions, the court
concerned will be at liberty to proceed to cancel his bail.

11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.

12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.

13. The observations made hereinabove are exclusively for deciding the
BAIL No. 33106 of 2025
3

instant bail application and are not to be considered to be an opinion on
the merits of the case.

(Rajiv Lochan Shukla,J.)
May 7, 2026
A. Pandey

Digitally signed by :-
ANAND PANDEY
High Court of Judicature at Allahabad

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