Allahabad High Court
SACHIN KUMARversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court granted bail to the applicant, finding the circumstances appropriate for release on bond and sureties.
Summary
The High Court considered a bail application filed by Sachin Kumar, who is accused in a case under IPC sections 304(2), 317(2) and 317(4) arising from a FIR lodged after a delay. The applicant claimed innocence, alleged false recovery, and asserted that the FIR was filed without a plausible explanation. He has been in custody since 28‑04‑2026 and has a criminal history of 26 cases, which he explained in a supplementary affidavit. The prosecution opposed bail but did not dispute the applicant's contentions. After reviewing the record and arguments, the Court, without expressing an opinion on the merits, found the case fit for bail and ordered his release on personal bond and two sureties, subject to conditions of appearance, non‑interference with witnesses, and non‑engagement in criminal activity.
Issues considered
- Whether the accused, Sachin Kumar, is entitled to bail in a case under IPC sections 304(2), 317(2) and 317(4) given the delay in filing the FIR and the alleged false recovery.
Legislation cited
- Indian Penal Code — s. 304(2), 317(2), 317(4)
Subjects
- bail
- Criminal Procedure Code
- IPC 304
- IPC 317
- delay in FIR
- false recovery
- sureties
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33228 of 2026
Sachin Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Srivastava, Atul Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Supplementary affidavit has been filed today in the Court by learned
counsel for the applicant. The same is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
3. The applicant is involved in Case Crime No. 171 of 2026 under
Sections -304(2), 317(2), 317(4) BNS Police Station - Premnagar District
- Bareilly.
4. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. FIR has been
lodged after delay without any plausible explanation. It is further
submitted that a false recovery has been shown from the possession of the
applicant. There is no independent public witness of the alleged recovery. It
is also submitted that applicant is having no concern with the allegations
levelled against him and he has not committed any offence as alleged by
prosecution. The applicant has criminal history of 26 cases, which has
been explained in supplementary affidavit. The applicant is in jail since
28.04.2026. Therefore, the applicant is entitled for bail. Learned counsel
for the applicant has further submitted that if the applicant is released on
bail, the applicant would not misuse liberty of bail and is ready to co-
operate in the trial.
5. Learned A.G.A. has opposed the prayer for bail but he has not disputed
BAIL No. 33228 of 2026
2
the above contention made by the learned counsel for the accused-
applicant.
6. Considering the facts and circumstances of the case, perusing the
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
on the merit of the case, I find it to be a fit case for granting bail.
Accordingly, the bail application is allowed.
7. Let applicant -Sachin Kumar be released on bail in the aforesaid case
crime number on furnishing a personal bond and two reliable sureties of
the like amount to the satisfaction of the court concerned subject to
following conditions, which are being imposed in the interest of justice:-
(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer
or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social
activity.
8. In case of breach of any of the above condition, the prosecution will be
at liberty to move an application before this Court for cancellation of the
bail of the applicant.
9. 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.)
October 1, 2026
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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