Allahabad High Court
KESAIversusSTATE OF U.P.
- Decided
Holding
Bail cannot be granted as the trial is advancing satisfactorily and the earlier denial of bail remains unaltered.
Summary
The Allahabad High Court considered a second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of the accused in a murder‑related case (Criminal No. 137 of 2020). The applicant, represented by counsel Rakesh Pathak, claimed innocence, alleged false implication, and argued that prolonged trial pendency justified bail. The State, through A.G.A. G.A., highlighted that the first bail plea had been rejected on merits and that the trial had progressed with three witnesses examined and one witness’s chief examination completed as of July 2025. The court noted that the trial was proceeding at a satisfactory pace and that the earlier denial of bail indicated no change in circumstances warranting relief. Consequently, the court found no sufficient ground to grant bail and dismissed the application. The order was pronounced by Justice Jitendra Kumar Sinha on 2 April 2026.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite a prior denial and ongoing trial progress.
Legislation cited
Subjects
- bail
- criminal procedure
- Section 483
- trial pendency
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 37568 of 2024
Kesai
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Pathak
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rakesh Pathak, learned counsel for the applicant and Sri 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. 137 of 2020, under
Sections 302, 34, 201 BNS, registered at Police Station Rudhauli, District
Basti, during pendency of the trial.
3. This is second bail application moved on behalf of the applicant. His
first bail application has been dismissed on merits by this Court vide order
dated 3.8.2023.
4. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this case and
he has been languishing in jail since 5.7.2023. It is also submitted that the
pplicant 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.
5. On the other hand, learned A.G.A. has opposed the prayer for grant of
bail to the applicant.
6. It is submitted that the first bail application of the applicant was
rejected on merits and the applicant is in judicial custody since
BAIL No. 37568 of 2024
2
05.07.2023. As per the status report submitted by the learned trial court
dated 29.07.2025, the evidence of three witnesses has been recorded, and
the examination-in-chief of one witness was also conducted on
29.07.2024. It appears that the trial is proceeding at a satisfactory pace.
7. In view of the above, a case for bail is not made out and accordingly,
present bail application stands dismissed.
(Jitendra Kumar Sinha,J.)
April 2, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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