Allahabad High Court
RAMKARANversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The Court held that the applicant is entitled to bail during the trial.
Summary
The High Court of Allahabad considered a bail application filed by Ramkaran, who was arrested in connection with a human trafficking case (Criminal Misc. Bail Application No. 33836 of 2026) involving IPC sections 115(2), 352, 351(2), 143, 145, 127(2) and 316(2). The applicant pleaded innocence, argued that the victim herself lodged the FIR and that no incriminating material was found on him, and pointed to the bail granted to co‑accused Veere and Maya in similar circumstances. The State opposed the bail, contending that the seriousness of the offences warranted continued detention. The Court examined the record, the nature of the allegations, and the applicant's lack of prior criminal history, and concluded that there was no sufficient ground to deny bail. Consequently, the Court granted bail subject to a personal bond, two sureties, and specific conditions to prevent tampering with evidence or intimidation of witnesses.
Issues considered
- Whether the applicant is entitled to bail during the pendency of trial for offences under IPC sections 115(2), 352, 351(2), 143, 145, 127(2) and 316(2).
- Whether the nature of the alleged human trafficking offences and the evidence presented justify denial of bail.
Legislation cited
- Indian Penal Code — s. 115(2), 127(2), 143, 145, 316(2), 351(2), 352
Subjects
- bail
- criminal procedure
- IPC
- human trafficking
- sureties
- court conditions
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33836 of 2026
Ramkaran
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sushil
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant and learned AGA for the State-
respondent and perused the record of the case.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 372 of 2025, under Sections 115(2), 352, 351(2),
143, 145, 127(2), 316(2) BNS, Police Station- Kamalganj, District-
Farukhabad, during pendency of the trial in the court concerned.
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. The present case allegedly pertains to human
trafficking. 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. The alleged victim is recovered and present
FIR was lodged by herself. Nothing incriminating material has been
recovered from the possession of the applicant. It is next submitted that
co-accused Veere and Maya have been granted bail by this Court vide
orders dated 15.9.2026 and 17.09.2026 in Criminal Misc. Bail Applicant
Nos. 31545 of 2026 and 30931 of 2026 respectively. Case of the applicant
is identical to the co-accused, who have been granted bail. Criminal
history of the applicant has been explained in the instant bail application.
The applicant is languishing in jail since 5.11.2025. 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.
The prayer for bail has been vehemently opposed by learned A.G.A.
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
BAIL No. 33836 of 2026
2
the trial.
Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.
Let applicant, Ramkaran 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.
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 23, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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