Allahabad High Court
ASHISH KASHYAPversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
The applicant is entitled to be enlarged on bail during the pendency of the trial.
Summary
The High Court considered a bail application filed by Ashish Kashyap in a criminal case (Crime No. 424 of 2025) involving alleged offences under Sections 306 and 317(2) of the Indian Penal Code. The applicant claimed innocence, alleging that the FIR and recovered articles were fabricated, and sought release pending trial. The State opposed the bail, emphasizing the seriousness of the offences. After reviewing the nature of the charges, the evidence, and the applicant's criminal history, the Court, without expressing a view on the merits, decided that the applicant is entitled to bail. The Court ordered his release on personal bond with two sureties, subject to conditions of trial attendance, non‑tampering with witnesses, and refraining from illegal activities, and directed verification of sureties' identities.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under Sections 306 and 317(2) of the IPC pending trial
Legislation cited
- Indian Penal Code — s. 306, 317(2)
Subjects
- bail
- criminal procedure
- Section 306 IPC
- Section 317 IPC
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42845 of 2025
Ashish Kashyap
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Singh, Chandra Bhan
Kushwaha
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the material on record.
The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 424 of 2025, under Sections 306, 317(2) BNS,
Police Station- Premnagar, District- Bareilly, during pendency of the trial
in the court below.
Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. It is next submitted that FIR of the present
case was lodged against the applicant with the allegation of theft of cash
and ornaments. It is next submitted that however, as per prosecution, on
the pointing out of applicant, some stolen articles were recovered but the
said recovery was fake and planted one. It is next submitted that applicant
has not committed any offence as alleged by prosecution. It is next
submitted that criminal history of the applicant has been duly explained in
the affidavit and supplementary affidavit and he is languishing in jail
since 29.10.2025, therefore, he may be enlarged on bail during pendency
of the trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of the punishment, and submissions of learned counsel
BAIL No. 42845 of 2025
2
for the parties; without expressing any opinion on the merits of the case,
this Court is of the view that the applicant is entitled to be enlarged on
bail during the pendency of the trial.
Let applicant, Ashish Kashyap be released on bail in the aforesaid case
on his executing a personal bond and furnishing two sureties each in the
like amount to the satisfaction of the court concerned subject to the
following conditions:-
i. The applicant will continue to attend and co-operate in the trial pending
before the court concerned on the date fixed after release.
ii. He will not tamper with the witnesses.
iii. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
(Jai Prakash Tiwari,J.)
May 12, 2026
KK Patel
Digitally signed by :-
KRISHN KANT PATEL
High Court of Judicature at Allahabad
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