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Allahabad High Court

RAVI DIWAKARversusSTATE OF U.P.

Decided

Holding

The bail application is allowed and the accused is released on bail subject to conditions.

Summary

The High Court considered a bail application filed by Ravi Diwakar, who was in custody for offences under Sections 326(g) and 351(3) of the Indian Penal Code. The applicant's counsel argued that he was falsely implicated, that there was no injury, and that he would not misuse liberty if released. The opposing counsel did not contest these factual submissions. After reviewing the record and the nature of the allegations, the Court, without expressing an opinion on the merits, found the case suitable for bail. Accordingly, the Court ordered his release on personal bond and two sureties, subject to conditions of appearance, non‑interference with witnesses or evidence, and refraining from criminal activity, and clarified that the order does not affect the trial's merits.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged offences under IPC Sections 326(g) and 351(3) given the claim of false implication and no injury.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC 326(g)
  • IPC 351(3)
  • false implication
  • personal bond
  • sureties
  • conditions of bail

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34855 of 2026

Ravi Diwakar
                                                             .....Applicant(s)
                                   Versus

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

Counsel for Applicant(s)                    :   Rakesh Kumar Dubey
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. 303 of 2026 under
Sections -326(g)/351(3) BNS Police Station Kalyanpur District -Kanpur
Nagar.

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
there is some previous enmity between the parties. This a no injury case.
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 is in jail since 11.06.2026.
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
record and also considering the nature of allegations, arguments advanced
by the learned counsel for the parties and without expressing any opinion
                                                                                            BAIL No. 34855 of 2026
                                                                   2


                                    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 - Ravi Diwakar 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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