Allahabad High Court
TUSHARversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The bail application is allowed subject to a personal bond, sureties and conditions.
Summary
The High Court considered a bail application filed by Tushar, accused in Crime No. 204 of 2025 under several sections of the B.N.S. and the Arms Act. The applicant claimed innocence, citing an acute medical ailment, lack of incriminating material, and alleged false recovery of a knife, while asserting no credible evidence against him. The State opposed the bail but could not refute the applicant's factual contentions. The Court, after weighing the seriousness of the charges, the prima facie case, and the risk of evidence tampering, decided to grant bail with a personal bond, sureties, and strict conditions. The order directed the applicant to appear regularly, refrain from tampering with evidence or witnesses, and not engage in any criminal activity.
Issues considered
- Whether bail should be granted to the accused despite the seriousness of the charges under the B.N.S. and Arms Act
- Whether there is a risk of flight, evidence tampering, or intimidation of witnesses that warrants denial of bail
Legislation cited
Subjects
- bail
- criminal procedure
- evidence
- flight risk
- medical condition
- Arms Act
- B.N.S.
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 4984 of 2026
Tushar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard learned counsel for the applicant, Sri Vijendra Kumar, 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. 204 of 2025, under Sections 191(2),
191(3), 190, 131, 109(1), 115(2), 351(3) of the B.N.S. and Sections 4/25 of
Arms Act, Police Station Purkaji, District Muzaffar Nagar.
Learned counsel for the applicant argued that the accused-applicant is
innocent and he has been falsely implicated in this case crime number. He
submits that the applicant is suffering from some acute ailment and his
treatment is going on as such he cannot be involved in the aforesaid crime
due to deteriorating medical issue. Learned counsel for the applicant further
submits that the applicant had gone to the spot to pacify the quarrel going on
between the parties but due to ulterior motive he was implicated in the
present case. He submits that no incriminating material has been recovered
from the possession of the applicant but the police has shown the false
recover of one knife from the possession of the applicant. He submits that
there is no independent witness of the alleged incident. He submits that the
Investigating Officer has not collected any credible evidence against the
applicant. He submits that the applicant has been assigned the role of
exhortation. He submits that the main role has been assigned to another
accused. The applicant is languishing in jail since 08.11.2025. He submits
that the applicant has criminal antecedent of one another case to his credit
BAIL No. 4984 of 2026
2
which has been explained in the affidavit filed in support of the bail
application. 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.
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, Tushar, 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.
March 18, 2026
pks
(Ashutosh Srivastava,J.)
Digitally signed by :-
PAWAN KUMAR SINGH
High Court of Judicature at Allahabad
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