Allahabad High Court
SURAJ KUMARversusSTATE OF U.P.
- Decided
Holding
The court held that bail should be granted to the applicant.
Summary
The Allahabad High Court entertained bail application No. 37510 of 2025 filed by Suraj Kumar under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with offences under Sections 123, 309(4), 61(2) of the same Act and Section 66‑D of the Information Technology Act. The applicant pleaded innocence, argued that co‑accused had already been granted regular and anticipatory bail, and highlighted the prolonged pre‑trial detention since 30 August 2025. The State opposed the bail on the ground of the seriousness of the alleged offences involving administration of a harmful substance and cyber‑fraud. After examining the record, the court, without expressing a view on the merits, concluded that the case was suitable for bail and imposed a personal bond of Rs 50,000 with two sureties and several conditions to prevent tampering, intimidation of witnesses and ensure the applicant’s presence at trial stages. The order expressly stated that it does not prejudice the trial court’s independent assessment of the evidence.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the nature of the offences (Sections 123, 309(4), 61(2) B.N.S. and Section 66‑D IT Act) and the evidence on record.
- Whether there exists a risk of flight, tampering with evidence, or intimidation of witnesses that would justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 123, 309(4), 351, 483, 61(2)
- Information Technology Act — s. 66-D
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Information Technology Act
- cyber fraud
- pre‑trial detention
- anticipatory bail
- Section 483
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37510 of 2025
Suraj Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajeev Pushkar, Rajesh Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Rajesh Kumar Yadav, learned counsel for the applicant, and
Shri B.P. Singh, learned AGA for the State-respondents and perused the
record.
2. The present bail application under Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, has been filed on behalf of applicant, with a
prayer to release him on bail in Case Crime No.427 of 2025, under
Sections 123, 309(4), 61(2) of B.N.S. and Section 66-D of I.T. Act,
registered at Police Station Mughalsarai, District Chandauli, during
pendency of the trial.
3. It has been submitted by learned counsel for the applicant that the
applicant is innocent and has been falsely implicated in this case due to
ulterior motive. It is further submitted that similarly placed co-accused
Akash Kumar Gupta, Chandraprakash and Akash Sonkar have already
been granted regular bail as well as anticipatory bail by this Court vide
orders dated 27.04.2026, 29.04.2026 and 04.12.2025 passed in Criminal
Misc. Bail Application Nos.8326 of 2025, 32847 of 2025 and 35243 of
2025. It is further submitted that as per first information report, the
applicant is said to have administered some obnoxious substance to the
son of the first informant and thereafter they snatched away his mobile
phone and Rs.90,000/- is said to have been withdrawn through cyber
fraud. It is further submitted that the applicant is languishing in jail since
30.08.2025, 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
BAIL No. 37510 of 2025
2
the Court, there is no likelihood of any early conclusion of trial.
4. Per contra learned A.G.A. has opposed the prayer for bail of the
applicant.
5. Co-accused Akash Kumar Gupta, Chandraprakash and Akash Sonkar
have already been granted regular bail as well as anticipatory bail by this
Court vide orders dated 27.04.2026, 29.04.2026 and 04.12.2025 passed in
Criminal Misc. Bail Application Nos.8326 of 2025, 32847 of 2025 and
35243 of 2025. As per first information report, the applicant is said to
have administered some obnoxious substance to the son of the first
informant and thereafter they snatched away his mobile phone and
Rs.90,000/- is said to have been withdrawn through cyber fraud. It is
further submitted that the applicant is languishing in jail since 30.08.2025.
6. Upon considering the totality of facts, nature and the evidence reflected
from record and without expressing any opinion on merits of the case, I
find it to be a fit case for bail. Hence, the present bail application is
allowed.
7. Let the applicant- Suraj Kumar involved in the aforesaid case crime
shall be released on bail on his furnishing a personal bond of Rs. 50,000/-
with two sureties each in the like amount to the satisfaction of the Court
concerned :-
(i) 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.
(ii) The applicant shall not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial court on
the dates fixed for (i) opening of the case, (ii) framing of charge and (iii)
recording of statement under Section 351 of B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall not
seek any adjournment on the dates fixed for evidence when the witnesses
BAIL No. 37510 of 2025
3
are present in the trial court.
(v) The applicant shall remain present before the trial court on each date
fixed, either personally or through his counsel.
8. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.
9. It is clarified that anything said in this order is limited to the purpose of
determination of this bail application and will in no way be construed as
an expression on the merits of the case. The trial court shall be absolutely
free to arrive at its independent conclusions on the basis of evidence led
unaffected by anything said in this order.
(Jitendra Kumar Sinha,J.)
May 15, 2026
RKM
Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad
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