Allahabad High Court

BRIJESH KUMARversusSTATE OF U.P.

Decided: 20 September 2026
Bench: JAI PRAKASH TIWARI

Holding

The court held that the applicant is entitled to bail during the pendency of trial despite the gravity of the charges, subject to prescribed conditions.

Summary

The High Court considered a bail application filed by Brijesh Kumar, who was charged under IPC sections 420, 467, 468, 471, 279 and 304-A in two related FIRs. The applicant claimed absolute innocence, asserted that he was falsely implicated as a nominee of the insured, and highlighted his clean criminal record and lack of any financial gain from the alleged fraud. The State opposed the bail, arguing the seriousness of the offences. After weighing the nature of the charges, the evidence, and the applicant’s circumstances, the Court decided to grant bail without commenting on the merits of the case. The bail was conditioned on a personal bond, two sureties, and strict undertakings not to tamper with evidence, intimidate witnesses, or commit similar offences.

Issues considered

Whether bail should be granted in a case involving offences under IPC sections 420, 467, 468, 471, 279 and 304-A pending trial
Whether the seriousness of the alleged offences and the evidence against the accused preclude the grant of bail
Whether the applicant’s claim of innocence, lack of prior criminal record, and alleged non‑involvement justify bail

Legislation cited

Indian Penal Code — s. 279, 304-A, 420, 467, 468, 471

Subjects

bail
criminal procedure
IPC sections 420, 467, 468, 471, 279, 304-A
presumption of innocence
sureties
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33495 of 2026

Brijesh Kumar
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Harish Pratap Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.

2. The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 878 of 2023, under Sections 420, 467, 468, 471 IPC,
Police Station- Civil Lines, District- Moradabad, during pendency of the trial
in the court below.

3. 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. 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 the applicant
has been implicated mainly on the allegation that he was the
nominee/brother of the insured person. The applicant has neither prepared
any false document nor knowingly used any forged document. The applicant
has not received any amount of the alleged insurance claim and no amount
has been credited or released in his favour. It is further submitted that about
the road accident of alleged Bhojraj Pandey another FIR was lodged as Case
Crime No. 08 of 2023, under Sections 279, 304-A IPC at P.S. Wazeerganj,
Districrt Budaun, in which after investigation, the investigating officer has
submitted final report. He further submitted that the offence alleged against
the applicant are triable by a Magistrate. The applicant has no criminal
history. He next submitted that the applicant is languishing in jail since
BAIL No. 33495 of 2026
2

14.08.2026. 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.

4. The prayer for bail has been vehemently opposed by learned A.G.A.

5. Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of 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.

6. Accordingly, without expressing any opinion on the merits of the case, the
instant bail application is allowed.

7. Let applicant, Brijesh Kumar 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.

8. It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
BAIL No. 33495 of 2026
3

9. In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

10. 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 21, 2026
v.k. updh.

Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad

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