Allahabad High Court

ASHU JAINversusSTATE OF U.P.

Decided: 19 April 2026
Bench: SAMEER JAIN

Holding

The court granted bail to the applicant, holding that the criminal history alone does not justify denial of bail.

Summary

Ashu Jain, a clerk in a district court advocate's office, was charged under Section 318(4) of the Indian Penal Code (420 IPC) and Sections 3 and 25 of the Arms Act for allegedly using fake documents to file bail bonds. He has seven prior criminal cases, all of which are old and he is presently out on bail in those matters, but he has been in custody for more than four months in the present case. The applicant's counsel argued that the allegations are false and that his past cases should not preclude bail. The State opposed bail but did not dispute the factual contentions. The court held that mere criminal history, without a showing of flight risk or tampering, is insufficient to deny bail and ordered his release on personal bond with two sureties and standard conditions. The bail was granted without any comment on the merits of the underlying criminal charges.

Issues considered

Whether bail should be granted in a case involving alleged forgery and arms offences despite the applicant's prior criminal history
Whether the nature of the allegations under Section 318(4) IPC and the Arms Act warrants denial of bail

Legislation cited

Arms Act — s. 25, 3
Indian Penal Code — s. 318(4)

Subjects

bail
pre‑trial detention
criminal history
Section 420 IPC
Arms Act
personal bond
sureties

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. BAIL APPLICATION No. - 7473 of 2026

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

Counsel for Applicant(s) : Rahul Kumar Tiwari, Sanjay Kumar
Srivastava
Counsel for Opposite Party(s) : G.A.

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

1. Heard Sri Sanjay Kumar Srivastava, learned counsel for the applicant and
Sri Ashutosh Singh, learned AGA for the State.

2. The instant bail application has been filed seeking release of the
applicants on bail in Case Crime No.214 of 2025, under Section 318(4) of
BNS (420 IPC) and Section 3/25 of Arms Act, Police Station Khalapar,
District Muzaffar Nagar, during pendency of the trial.

3. Learned counsel for the applicant submits that, however, as per allegation,
applicant was clerk in the office of an Advocate of District Court and he on
the basis of fake documents used to file bail bonds of accused but entire
allegations made against him is totally false.

4. He next submits, apart from the present case, applicant is having criminal
history of seven other cases but his criminal history has been duly explained
and majority of the cases are old one, and in all the cases, applicant is on
bail.

5. He further argued, in the present matter applicant is in jail since
06.12.2025 i.e. for the last more than four months.

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

7. I have heard both the parties and perused the record of the case.

8. However, apart from the present case, applicant is having criminal history
of seven other cases but his criminal history has been explained and in all the
previous cases, he is on bail and even majority of the cases appears to be old
one.

9. Further, even considering the nature of allegation made against the
BAIL No. 7473 of 2026
2

applicant and period of incarceration suffered by him, in view of this Court,
merely on the basis of the criminal history, it is not proper to withhold the
instant bail application.

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 - Ashu Jain 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.
April 20, 2026
Mini
(Sameer Jain,J.)

Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad

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