Allahabad High Court
RITESH KUMAR KHARWARversusSTATE OF U.P.
- Decided
- Bench
- SAMEER JAIN
Holding
The applicant is entitled to be released on bail.
Summary
The High Court considered a bail application filed by Ritesh Kumar Kharwar, who was in custody for more than five months in a case involving multiple IPC offences (229, 233, 237, 246, 318, 338, 336, 340). The applicant’s counsel argued that allegations of him taking sureties for other accused and preparing fake documents were false, and that similar past cases were already on bail. The State opposed bail but did not dispute the factual submissions. The Court noted that the alleged offences are triable by a Magistrate, the applicant had been detained for an extended period, and his prior cases were on bail, concluding that bail was appropriate. Without commenting on the merits, the Court ordered his release on bail subject to a personal bond, two sureties, and standard conditions, and clarified that the order does not affect the trial’s merits.
Issues considered
- Whether bail should be granted for offences triable by a Magistrate despite allegations of misuse of sureties and fake documents
- Whether the length of pre‑trial detention (over five months) warrants bail
- Whether the applicant’s prior bail history influences the current bail decision
Legislation cited
- Indian Penal Code — s. 229, 233, 237, 246, 318, 336, 338, 340
Subjects
- bail
- pre‑trial detention
- surety
- IPC
- criminal procedure
- magistrate trial
- bond
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4863 of 2026
Ritesh Kumar Kharwar
.....Applicant(s)
Versus
State of U.P.
.....Opposite Party(s)
Counsel for Applicant(s) : Amrita Kashyap, Rohit Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 66
HON'BLE SAMEER JAIN, J.
1. Supplementary affidavit filed today on behalf of the applicant is taken on record.
2. Heard Sri Amrita Kashyap, learned counsel for the applicant and Sri Ghanshyam
Mishra, learned Brief Holder for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in
Case Crime No. 772 of 2025, under Sections 229, 233, 237, 246, 318(2), 318(4), 338,
336(3), 340(2) BNS, Police Station Kasaya, District Kushinagar, during pendency of
the trial in the court below.
4. Learned counsel for the applicant submitted that however, as per allegation
applicant used to take sureties in different criminal cases for different accused and
thus, he is professional and there is also allegation that applicant also prepared fake
documents but entire allegations are totally false.
5. She further submitted that however apart from the present case applicant is having
criminal history of two other cases with similar allegations but in both the cases he is
on bail.
6. She further submitted that all the alleged offences are triable by Magistrate and
applicant is in jail in the present matter since 25.11.2025 i.e. for last more than 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 applicant used to take sureties on behalf of different
accused in different cases and he also used fake documents but considering the fact
that it appears after proper verification by the police sureties were accepted and the
fact that in two previous cases he is on bail and alleged offences are triable by
BAIL No. 4863 of 2026
2
Magistrate and he is in jail in the present matter for last more than five months, in my
view, applicant is entitled to be released on bail.
10. Accordingly, without expressing any opinion on the merits of the case, the instant
bail application is allowed.
11. Let the applicant-Ritesh Kumar Kharwar, 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.
12. 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.
13. 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 7, 2026
Ankita
(Sameer Jain,J.)
Digitally signed by :-
ANKITA SRIVASTAVA
High Court of Judicature at Allahabad
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