Allahabad High Court

KUNALversusSTATE OF U.P.

Decided: 19 April 2026
Bench: HARVIR SINGH

Holding

The court held that the applicant had made out a case for bail and therefore granted bail.

Summary

The High Court considered a bail application filed by Kunal, who was arrested in connection with offences under Sections 191(2), 191(3), 115(2), 352, 351(3) and 109(1) of the Indian Penal Code. The applicant claimed he was falsely implicated and that the case involved cross‑reported FIRs, making it unclear who the aggressor was. The court noted that co‑accused had already been released on bail and that the applicant had no prior criminal record and had been in custody since 10 January 2026. Weighing the nature of the alleged offences, the lack of evidence identifying the applicant as the aggressor, and the absence of any flight or tampering risk, the court found that the applicant had made out a case for bail. Accordingly, bail was granted subject to a personal bond, two sureties and conditions prohibiting witness tampering, criminal activity and unnecessary adjournments.

Issues considered

Whether the applicant is entitled to bail despite the seriousness of the offences alleged under the IPC.
Whether the existence of cross‑reported FIRs and uncertainty about the aggressor affect the bail decision.
Whether the applicant poses a risk of fleeing, tampering with evidence, or committing further offences if released.

Legislation cited

Indian Penal Code — s. 109(1), 115(2), 191(2), 191(3), 351(3), 352

Subjects

bail
cross FIR
false implication
Indian Penal Code
criminal procedure
flight risk
witness tampering

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 5422 of 2026

Kunal
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)

Counsel for Applicant(s) : Arpit Pal, Manish Kumar Tripathi
Counsel for Opposite Party(s): G.A., Kamal Kishor Mishra, Nishant
Kumar, Prashant Kumar, Vivek
Singh

Court No. - 70
HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the accused-applicant, learned A.G.A.
for the State and perused the material available on record.
2. This bail application has been moved on behalf of the accused-
applicant/ Kunal for grant of bail, in Case Crime No. 21 of 2026,
under Sections 191(2), 191(3), 115(2), 352, 351(3) and 109(1) BNS,
2023, Police Station Partapur, District Meerut, during pendency of
trial.
3. Learned counsel for accused-applicant, while pressing the bail
application, submits that, the accused-applicant has been falsely
implicated in the instant case and he has not committed any offence,
as alleged by the prosecution. There are cross versions of first
information reports from both the sides pertaining to same incident
but it is not ascertain, as to who was the aggressor of the alleged
incident. It has further been submitted that co-accused namely, Mohit
and Ashok Devid @ Sagar have already been granted bail by this
Court vide orders dated 02.4.2026 and 25.3.2026 passed in Criminal
Misc. Bail Application Nos. 11129 of 2026 and 8187 respectively.
The accused-applicant is languishing in jail in this matter since
10.1.2026, without having any criminal antecedents and there is no
likelihood that the accused-applicants, after release on bail, may flee
from the process of law or will misuse the liberty of bail.
4. Learned A.G.A. opposes the prayer for bail of the applicant but
could not rebut the arguments advanced by the learned counsel for
the applicant.
5. Having considered the rival contentions of the parties and the facts
BAIL No. 5422 of 2026
2

that, it is a case of cross first information reports and both the parties
have sustained injuries, therefore, it cannot be ascertained as to who
was the aggressor of the alleged incident; the accused-applicant is
languishing in jail in this matter, since 10.1.2026, without having any
criminal history and keeping in view the nature of the offence,
evidence, complicity of the accused, severity of punishment,
submissions of the learned counsel for the parties and without
expressing any opinion on the merits of the case, I am of the
considered view that applicant has made out a case for bail. The bail
application is allowed.
6. Let the accused-applicant/ Kunal involved in aforesaid case be
released on bail on furnishing a personal bond with two sureties in
the like amount to the satisfaction of the court concerned subject to
following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by
intimidating/pressurizing the witnesses, during the investigation or
trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking
any adjournment.
(iii) The applicant shall not indulge in any criminal activity or
commission of any crime after being released on bail.
7. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be
verified by the Court concerned before the bonds are accepted.
April 20, 2026
Gss
(Harvir Singh,J.)

Digitally signed by :-
GIRAJA SHANKER SHARMA
High Court of Judicature at Allahabad

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