Allahabad High Court
LAKHANversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court granted bail to the applicant, Lakhan, subject to conditions.
Summary
The High Court considered a bail application filed by Lakhan, who is accused in a criminal case (Crime No. 57 of 2026) involving multiple IPC offences. Lakhan claimed he was falsely implicated and that the dispute was essentially civil, citing a sale deed executed by the landowner. He had been in custody since 25 June 2026 and had a prior criminal case, while a co‑accused had already been released on bail. The prosecution did not contest the factual contentions but opposed bail. After reviewing the record and arguments, the Court, without opining on the merits, found the case suitable for bail and ordered release on personal bond and two sureties, subject to standard conditions.
Issues considered
- Whether bail should be granted to the accused Lakhan in view of the nature of the allegations, his prior criminal history, and the claim of false implication.
Legislation cited
- Indian Penal Code — s. 308(2), 318(4), 336(3), 338, 340(2), 351(2), 61(2)
Subjects
- bail
- criminal procedure
- IPC sections
- false implication
- civil dispute
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33769 of 2026
Lakhan
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Hemant Sharma
Counsel for Opposite Party(s) : Devesh Kumar Sharma, G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
The applicant is involved in Case Crime No. 57 of 2026, under Sections
318(4), 338, 336(3), 340(2), 61(2), 308(2), 351(2) BNS, Police Station -
Highway District - Mathura.
Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is next
submitted that the dispute is purely of civil nature but it has been given a
criminal colour. It is further submitted that Mr. Suresh Baba, the owner of
the alleged land, executed the sale deed in favour of the father of the co-
accused for valuable sale consideration. The applicant has criminal
history one case, which has been explained in paragraph 25 of the instant
bail application. Co-accused of the applicant namely Rambharosi has
already enlarged on bail by this Court vide order dated 3.8.2026 passed in
Criminal Misc. Bail Application No. 10467 of 2026. The applicant is in
jail since 25.6.2026. 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.
Learned A.G.A. has opposed the prayer for bail but he has not disputed
the above contention made by the learned counsel for the accused-
applicant.
BAIL No. 33769 of 2026
2
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.
Let applicant - Lakhan 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.
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.
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 29, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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