Allahabad High Court

ANUJ VERMAversusSTATE OF U.P.

Decided: 29 September 2026
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 Allahabad High Court considered bail application No. 33909 of 2026 filed by Anuj Verma, who is accused in Crime No. 12 of 2026 under Section 316(5) BNS. The applicant asserted that he is innocent, was falsely implicated, has deposited the disputed amount with the post office and has no prior criminal record, having been in custody since 19 August 2026. The State opposed the bail. After examining the record, evidence and the parties’ submissions, the Court held that the applicant is entitled to bail during the pendency of the trial, without expressing any view on the merits of the case. Bail was granted on a personal bond with two sureties and a set of conditions to prevent tampering with evidence, intimidation of witnesses, and commission of similar offences. The order also directed verification of the sureties and clarified that the observations are limited to the bail application and do not affect the trial’s merits.

Issues considered

Whether the accused is entitled to bail during the pendency of trial under Section 316(5) BNS despite the seriousness of the allegations.
Whether the applicant’s claim of innocence, lack of prior record and deposit of disputed amount justify granting bail.
Whether imposing conditions such as non‑tampering with evidence and non‑intimidation of witnesses is appropriate.

Legislation cited

Code of Criminal Procedure, 1973 — s. 316(5)

Subjects

bail
criminal procedure
presumption of innocence
sureties
conditions of bail
high court

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 33909 of 2026

Anuj Verma
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Fakhruzzaman
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 and perused the
record of the case.

The instant application has been filed seeking release of the applicant on bail in Case
Crime No. 12 of 2026, under Section 316(5) BNS, Police Station Badagaon, District
Jhansi, 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. It is
next submitted that in order to demonstrate his absolute bona fide, and contentions in
the trial, the applicant has already deposited the entire disputed amount with the
concerned post office (Annexure No. 2). 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. Except the present case, the applicant is not having
any other criminal history and he is languishing in jail since 19.8.2026. 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.

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 the trial.
BAIL No. 33909 of 2026
2

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

Let applicant, Anuj Verma 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 30, 2026
Brijesh

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

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