Allahabad High Court

DEEPAKversusSTATE OF U.P.

Decided: 4 May 2026
Bench: ASHUTOSH SRIVASTAVA

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 Deepak, accused in a case under Sections 420, 467, 468, 471 and 120‑B of the Indian Penal Code. The applicant's counsel argued that he was falsely implicated, not named in the FIR, and that the dispute was essentially civil, with no direct evidence against him and no criminal antecedent. The State opposed the bail but did not refute the factual contentions. The Court examined the seriousness of the offences, the severity of possible punishment, and the prima facie case, noting a reasonable apprehension of evidence tampering and witness intimidation. Without commenting on the merits, the Court held that a case for bail existed and ordered the applicant released on bail subject to personal bond, sureties and conditions. The bail was granted with standard conditions to prevent tampering, intimidation, and to ensure regular appearance in court.

Issues considered

Whether the accused is entitled to bail despite the seriousness of the offences under Sections 420, 467, 468, 471 and 120‑B IPC
Whether there is a reasonable apprehension of tampering with evidence or intimidation of witnesses that would justify denial of bail
Whether the nature of the dispute being civil in origin affects the grant of bail

Legislation cited

Indian Penal Code — s. 120-B, 420, 467, 468, 471

Subjects

bail
Indian Penal Code
Section 420
Section 467
Section 468
Section 471
Section 120-B
false implication
evidence tampering
witness intimidation
criminal procedure

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 39358 of 2025

Deepak
.....Applicant(s)
Versus

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

Counsel for Applicant(s) : Som Pal, Sudarshan Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard learned counsel for the applicant, Sri Rajesh Kumar Singh, learned
AGA for the State-Respondent and perused the record.

This bail application has been moved on behalf of accused-applicant seeking
enlargement on bail in Case Crime No. 97 of 2024, under Sections 420, 467,
468, 471, 120-B of the IPC, Police Station Quila, District Bareilly.

Learned counsel for the applicant argued that the accused-applicant is
innocent and he has been falsely implicated in this case crime number.
Learned counsel for the applicant further submits that the applicant is not
named in the FIR and his name surfaced during the course of investigation in
the confessional statement of co-accused. He submits that the name of the
applicant came into light after one years from the date of incident. He
submits that the dispute as raised in the FIR is purely civil in nature but the
informant has given it a criminal colour only to harass the applicant. He
submits that the applicant is not named in the agreement to sale. He submits
that He submits that there is no direct evidence against the applicant. The
applicant is languishing in jail since 27.09.2025. He submits that the
applicant has no criminal antecedent to his credit. He submits that there is no
likelihood of his fleeing from course of justice or tampering with evidence in
case of release on bail. Hence, the bail has been prayed for.

Learned counsel for the AGA has vehemently opposed, but could not dispute
the aforesaid fact raised by learned counsel for the applicant.
BAIL No. 39358 of 2025
2

Considering all those facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima-
facie case, but without commenting on merit of case, a case for bail is made
out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Deepak, involved in above mentioned case crime
number be released on bail, on his executing a personal bond and two
reliable sureties each, in the like amount to the satisfaction of the court
concerned, subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and
co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted through counsel by
the court concerned.

In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.

May 5, 2026
pks

(Ashutosh Srivastava,J.)

Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad

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