Allahabad High Court
GAURAV KATHERIYAversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and therefore allowed the bail application.
Summary
The High Court considered a bail application filed by Gaurav Katheriya in Criminal Case No. 197 of 2025, which was registered under Sections 103(1) and 3(5) of the B.N.S. Act. The applicant argued that he was not named in the FIR and was only implicated on the basis of a suspect statement by the informant's brother and a confessional statement of a co‑accused, which the court held had no evidentiary value. The State opposed the bail, but the court noted the absence of any eyewitness testimony, the applicant’s clean criminal record, and the fact that his involvement was purely speculative. Weighing these factors, the court concluded that the applicant had made out a prima facie case for bail. Consequently, the bail was granted subject to a personal bond, two sureties, and standard conditions not to tamper with evidence or intimidate witnesses.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and is implicated solely on suspicion and a co‑accused's confessional statement.
- Whether a confessional statement of a co‑accused has evidentiary value for the purpose of bail.
- Whether the lack of eyewitness testimony affects the grant of bail.
Legislation cited
- B.N.S. Act — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- suspicion
- confessional statement
- evidentiary value
- sureties
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9323 of 2026
Gaurav Katheriya
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Aman Kumar Shukla, Kandarp
Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sr. No.10 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Kandarp Srivastava, learned counsel for the applicant, Sri Sunil
Kumar, learned A.G.A. for the State and perused the material placed on
record.
3. Applicant seeks bail in Case Crime No.197 of 2025, under Sections
103(1), 3(5) B.N.S., Police Station Sahayal, District Auraiya, during the
pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is not
named in the FIR and has been falsely implicated in the present case. The
name of the applicant has come up in the statement of brother of informant
that too regarding suspicion only. There is no eye-witness account of the
incident. Subsequently, the applicant has been roped in in the confessional
statement of the co-accused, which has no evidentiary value in the eyes of
law. The applicant has no criminal history and is in jail since 27.12.2025. He
undertakes to cooperate with the trial and not misuse the liberty of bail.
5. Learned A.G.A. has vehemently opposed the bail application but the
submissions raised by the learned counsel for the applicant could not be
disputed.
6. Considering the facts and circumstances of the case, submissions made by
BAIL No. 9323 of 2026
2
learned counsel for the parties, the evidence on record, taking into
consideration that the applicant was initially implicated in the case on the
basis of suspicion only and subsequently in the statement of a co-accused,
which has no evidentiary value, coupled with the fact that there is no
eyewitness account of the incident, and without expressing any opinion on
the merits of the case, prima-facie the Court is of the view that the applicant
has made out a case for bail. The bail application is allowed.
7. Let the applicant- Gaurav Katheriya, be released on bail on furnishing a
personal bond and two sureties to the satisfaction of the court concerned,
subject to verification of sureties, with the conditions that he shall not
tamper with evidence or intimidate witnesses and shall appear before the
trial court as required.
8. Breach of any condition shall entail cancellation of bail. The observations
herein shall not affect the trial on merits.
(Krishan Pahal,J.)
March 19, 2026
(Ravi Kant)
Digitally signed by :-
RAVI KANT
High Court of Judicature at Allahabad
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