Allahabad High Court
VIKRANT PRAKASH SINGHversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that the applicant is entitled to be released on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Vikrant Prakash Singh, who was implicated in a criminal case (Crime No. 384 of 2025) based on confessional statements of co‑accused, though his name was absent from the FIR. The applicant argued innocence, lack of prior criminal record, and that the alleged proceeds had been returned, while the State contended there were specific allegations against him. After reviewing the record, the court noted that bail could be granted despite the absence of his name in the FIR, given the circumstances and the applicant's custody since July 2026. The court ordered his release on bail subject to a personal bond, two sureties, and several conditions to prevent tampering with evidence or intimidation of witnesses. The decision was made without expressing any opinion on the merits of the underlying offence.
Issues considered
- Whether an accused not named in the FIR but implicated through co‑accused statements is eligible for bail.
- Whether bail should be granted during the pendency of trial under Sections 316(5) and 61(2) of the B.N.S. and Section 482 of the CrPC.
- Whether the applicant's lack of prior criminal antecedents and custodial status justify bail.
Legislation cited
- B.N.S. — s. 61(2)
- Code of Criminal Procedure, 1973 — s. 482, 61(2)
- Indian Penal Code — s. 316(5)
Subjects
- bail
- anticipatory bail
- false implication
- confessional statements
- criminal trial
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33802 of 2026
Vikrant Prakash Singh
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Saurabh Chaturvedi, Sr. Advocate,
Vijendra Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Supplementary affidavit filed today is taken on record.
Heard Sri I.K. Chaturvedi, learned Senior Advocate appearing for the
applicant and learned AGA for the State and perused the record of the
case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 384 of 2025, under Sections 316(5), 61(2)
B.N.S., Police Station- Mahuli, District Sant Kabir Nagar, during
pendency of the trial in the court concerned.
Learned Senior Counsel for the applicant submits that the applicant is
innocent and has been falsely implicated in the present case. It is next
submitted that the applicant was not named in the First Information
Report and his name surfaced during the course of investigation on the
basis of the alleged confessional statements of the named co-accused,
namely, Dhananjay Shukla and Rajni Prajapati. It is contended that
Dhananjay Shukla and his wife are the main accused and beneficiaries of
the alleged misappropriation, and that the amount allegedly received in
the applicant's account has already been returned to the accounts of the
victims. It is further submitted that the other co-accused, namely Sanjay
Kumar Das and Amit Kumar Srivastava, have already been enlarged on
anticipatory bail by the co-ordinate Bench of this Court in Criminal Misc.
Anticipatory Bail Application U/S 482 Nos. 1842 of 2026 and 8548 of
BAIL No. 33802 of 2026
2
2026, respectively. It is further submitted that the applicant has no
concern with the allegations levelled against him. It is also submitted that
except for the present case, the applicant has no criminal antecedents and
that he has been in judicial custody since 05.07.2026. Learned counsel for
the applicant further submits that the applicant undertakes not to misuse
the liberty of bail, if granted, and shall cooperate with the trial.
Learned A.G.A. has opposed the prayer for bail and submitted that the
applicant is involved in the commission of the alleged offence and that
there are specific allegations against him. It is submitted that although the
applicant was not named in the FIR, his complicity surfaced during the
course of investigation from the statements of the co-accused and the
material collected by the Investigating Officer.
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, Vikrant Prakash 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.
BAIL No. 33802 of 2026
3
(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
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 29, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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