Allahabad High Court
SACHIN KUMARversusSTATE OF U.P.
- Decided
Holding
The court held that the applicant is entitled to bail as the case is fit for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to a bond and prescribed conditions.
Summary
The Allahabad High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for Sachin Kumar, who was arrested in connection with offences under IPC Sections 318(4), 336(3), 338, 340(2) and Section 66‑D of the IT Act. The applicant claimed innocence, no prior criminal record and argued that he had been detained since 25 August 2025, while the State highlighted the recovery of a laptop, mobile phones and forged documents, and alleged receipt of ₹67,000. After reviewing the record, the court, without expressing an opinion on the merits, found the case suitable for bail. It ordered the applicant’s release on a personal bond of ₹50,000 with two sureties of the same amount, subject to conditions restricting intimidation of witnesses, tampering with evidence, and ensuring his presence at key trial stages. The order clarified that it was limited to the bail application and did not prejudice the trial’s outcome.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the alleged offences
- Whether the conditions imposed are sufficient to safeguard the trial process and prevent interference with evidence or witnesses
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Indian Penal Code — s. 318(4), 336(3), 338, 340(2)
- Information Technology Act — s. 66-D
Subjects
- bail
- criminal procedure
- Section 483 BNS
- IPC offences
- court conditions
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 39545 of 2025
Sachin Kumar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anjum Vishakarma, G.A., Rahul Saxena
Counsel for Opposite Party(s) :
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Rahul Saxena, 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. 29 of 2025 under Sections 318 (4), 336
(3), 338, 340(2), 61 (2) BNS and 66-D of I.T. Act, registered at Police Station
Cyber Crime, District- Bulandshahar, during pendency of the trial.
3. 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 25.8.2025. It is further submitted that the applicant is
said to have received Rs.67,000/- in his bank account. It is further submitted
that applicant has no criminal history. It is also submitted that the applicant
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.
4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail
to the applicant. It is submitted that one laptop and certain mobile phones are
alleged to have been recovered from the possession of the applicant, and that
61 forged joining letters were found on the laptop. It is further submitted that
the applicant has allegedly received ₹67,000/- in his bank account.
5. The FIR has been lodged against unknown persons, and it is alleged that
the first informant received a call from one Jyoti, who offered him a job in ICICI
Bank. Thereafter, various transactions allegedly took place between the first
informant and the accused persons. It is further alleged that the applicant is
said to have received ₹67,000/- in his bank account.
BAIL No. 39545 of 2025
2
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- Sachin Kumar involved in the aforesaid case crime 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 with
the following conditions :-
(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 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.
April 7, 2026
Fhd
(Jitendra Kumar Sinha,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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