Allahabad High Court
ROOP KISHORE @ RUPAversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court granted bail to the applicant, finding the case fit for release on bond and sureties.
Summary
The applicant, Roop Kishore @ Rupa, was arrested in Crime No. 154 of 2025 under IPC sections 303(2) and 317(2), 317(4). He contended that he was falsely implicated, that the FIR was lodged against unknown persons and his name appeared only in the confessional statements of a co‑accused, with no independent eyewitness to the alleged recovery. The co‑accused, Ramjani, had already been granted bail, and the applicant had been in custody since 7 February 2026. The prosecution did not dispute these factual submissions. After reviewing the record and the nature of the allegations, the court, without expressing an opinion on the merits, held that the case was suitable for bail and ordered the applicant’s release on a personal bond and two reliable sureties, subject to conditions of appearance, non‑interference with witnesses or evidence, and refraining from criminal activity.
Issues considered
- Whether the applicant is entitled to bail in a case under IPC sections 303(2) and 317(2), 317(4) given the circumstances of alleged false implication and lack of independent evidence
Legislation cited
- Indian Penal Code — s. 303(2), 317(2), 317(4)
Subjects
- bail
- false implication
- Indian Penal Code
- criminal procedure
- sureties
- conditions of bail
- trial attendance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34035 of 2026
Roop Kishore @ Rupa
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anshumaan Singh, Jai Raj
Counsel for Opposite Party(s) : 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. 154 of 2025, under Sections
303(2), 317(2), 317(4) BNS, Police Station Pinahat, District Agra.
Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. The FIR has
been lodged against the unknown persons. The name of the applicant has
come into light in the present case in the confessional statements of co-
accused persons. It is next submitted that the applicant has not committed
any offence. The applicant has no concerned with the alleged offence.
There is no independent eyes witness of the alleged recovery. Co-accused
of the applicant namely Ramjani has already enlarged on bail by this
Court vide order dated 8.7.2026 passed in Criminal Misc. Bail
Application No. 23071 of 2026. The applicant is in jail since 7.2.2026.
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. 34035 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 Roop Kishore @ Rupa 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 30, 2026
Brijesh
Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad
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