Allahabad High Court

RISHABHversusSTATE OF U.P. AND ANOTHER

Decided: 4 May 2026
Bench: SAMEER JAIN

Holding

The applicant is entitled to be released on bail.

Summary

The applicant Rishabh was arrested in connection with a case originally registered under section 304(2) BNS for alleged murder, but the investigation was later recast as robbery under sections 309(4) and 317(2) BNS. The applicant contended that the allegations were false, no incriminating material was recovered from him, and that at most the case involved theft, not robbery. He also highlighted his clean criminal record and that he had been in custody for five months awaiting trial. The State opposed bail but did not dispute the factual submissions made by the applicant. The Court, after reviewing the record, found that the offences are triable by a magistrate, the applicant has no prior convictions, and the circumstances warranted his release on bail. Accordingly, the bail application was allowed subject to a personal bond, two sureties, and standard conditions.

Issues considered

Whether bail should be granted in a case triable by a magistrate under sections 309(4) and 317(2) BNS given the applicant's lack of prior record and the nature of the alleged offence.
Whether the alleged conduct constitutes robbery or merely theft, affecting the bail decision.
Whether the applicant's continued detention for five months without trial justifies granting bail.

Legislation cited

Indian Penal Code — s. 309(4), 317(2)

Subjects

bail
robbery
theft
Indian Penal Code
magistrate trial
no prior criminal record
conditions of bail

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 4698 of 2026

Rishabh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)

Counsel for Applicant(s) : Ajay Kumar Yadav, Virat Pratap Singh
Counsel for Opposite Party(s) : G.A.

Court No. - 66
HON'BLE SAMEER JAIN, J.

1. Heard Sri Ajay Kumar Yadav, learned counsel for the applicant and Sri Shatrughan
Yadav, learned AGA for the State-respondent.

2. The instant application has been filed seeking release of the applicant on bail in
Case Crime No. 538 of 2025, under Sections 309(4), 317(2) BNS, Police Station
Tundla, District Firozabad, during pendency of the trial in the court below.

3. Learned counsel for the applicant submitted that FIR of the present case was lodged
against two motorcycle riders for offence under section 304(2) BNS with the
allegation that two unknown motorcyle riders committed theft of two cameras of the
informant and during investigation on the basis of recovery of alleged cameras of the
informant, applicant has been made accused in the present matter.

4. He further submitted that entire allegations made against the applicant are totally
false and actually nothing incriminating has been recovered from the possession of the
applicant.

5. He further submitted that however, during investigation the instant case has been
converted for offence punishable under section 309(4) BNS i.e. robbery but actually it
is not a case of robbery and at the worst as per allegation it could be a case of theft.

6. He further submitted that even offence under section 309(4) and 317(2) BNS are
triable by magistrate and applicant is having no previous criminal history and he is in
jail in the present matter since 7.12.2025 i.e. for last five months.

7. Per contra, learned AGA opposed the prayer for bail but could not dispute the
arguments on facts advanced by learned counsel for the applicant.

8. I have heard learned counsel for the parties and perused the record of the case.

9. However, as per allegation during investigation alleged robbed cameras were
recovered from the possession of the applicant but all the alleged offences are triable
BAIL No. 4698 of 2026
2

by magistrate and applicant is having no previous criminal history and he is in jail in
the present matter since 7.12.2025 i.e. for last five months.

10. Therefore, considering the facts and circumstances of the case, discussed above, in
my view, applicant is entitled to be released on bail.

11. Accordingly, without expressing any opinion on the merits of the case, the instant
bail application is allowed.

12. Let the applicant-Rishabh, be released on bail in the aforesaid case on furnishing
a personal bond and two sureties each in the like amount to the satisfaction of the
court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his
personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

13. In case of breach of any of the above condition, the prosecution will be at liberty
to move an application before this Court for cancellation of the bail of the applicant.

14. It is clarified that the observations made herein are limited to the facts brought in
by the parties pertaining to the disposal of bail application and the said observations
shall have no bearing on the merits of the case during trial.

May 5, 2026
Ankita
(Sameer Jain,J.)

Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…