Allahabad High Court
AJAYversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The court held that bail may be granted as the case is fit for bail, without expressing an opinion on the merits of the charges.
Summary
The applicant, Ajay, was arrested in connection with a case (Crime No. 820 of 2026) under IPC sections 331(4), 305 and 317(2) and had been in custody since 20 June 2026. He claimed that he was falsely implicated, that the alleged recovery was fabricated, and that there were no independent witnesses to support the prosecution's case. The applicant's counsel argued that he was innocent, had a limited criminal history explained in an affidavit, and would not misuse bail if released. The opposing counsel did not contest these factual submissions but opposed bail on general grounds. After considering the facts, the court found the matter suitable for bail without expressing any view on the merits and ordered his release on personal bond and two sureties with specific conditions. The order also clarified that the observations were limited to the bail application and would not affect the trial's merits.
Issues considered
- Whether bail should be granted in a case involving IPC sections 331(4), 305 and 317(2) despite the seriousness of the offences.
- Whether the applicant's claim of false recovery and lack of independent witnesses justifies bail.
- Whether the applicant's prior criminal history precludes the grant of bail.
Legislation cited
- Indian Penal Code — s. 305, 317(2), 331(4)
Subjects
- bail
- criminal procedure
- Indian Penal Code
- false recovery
- sureties
- conditions of bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 34853 of 2026
Ajay
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Arvind Kumar Sahu
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused
the record.
2. The applicant is involved in Case Crime No. 820 of 2026 under
Sections -331(4), 305, 317(2) BNS Police Station - Baradari District -
Bareilly.
3. Learned counsel for the applicant has submitted that the applicant is
innocent and has been falsely implicated in the present case. It is further
submitted that a false recovery has been shown from the possession of the
applicant. There is no independent public witness of the alleged recovery. It
is also 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 applicant has criminal history of two cases, which has
been explained in the affidavit filed in support of the bail application. The
applicant is in jail since 20.06.2026. 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.
4. 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.
5. Considering the facts and circumstances of the case, perusing the
BAIL No. 34853 of 2026
2
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.
6. Let applicant -Ajay 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.
7. 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.
8. 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
S.K.
Digitally signed by :-
SWEETY KANOJIA
High Court of Judicature at Allahabad
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