Allahabad High Court
OM PRAKASHversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant made out a prima facie case for bail and therefore granted bail.
Summary
The Allahabad High Court considered a bail application filed by Om Prakash, who was arrested in connection with Crime No. 137 of 2025 under multiple IPC sections and the B.N.S. Act. The applicant claimed innocence, stating that an informant had exonerated him and co‑accused, and highlighted a six‑day delay in filing the FIR with no explanation. The State opposed bail, but the court noted the lack of criminal history, the delay in FIR registration, and the prima facie case for bail. Without delving into the merits, the court found that the applicant satisfied the criteria for bail. Consequently, bail was granted subject to a personal bond, two sureties, and standard conditions such as not tampering with evidence or intimidating witnesses.
Issues considered
- Whether the applicant is entitled to bail despite the serious charges under Sections 3(5), 103(1), 238, 315, 317(2), 61(2) of the IPC and the B.N.S. Act.
- Whether the delay in filing the FIR and the claim of false implication justify granting bail.
Legislation cited
- B.N.S. Act
- Indian Penal Code — s. Section 103(1), Section 238, Section 315, Section 317(2), Section 3(5), Section 61(2)
Subjects
- bail
- false implication
- FIR delay
- criminal procedure
- IPC
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9432 of 2026
Om Prakash
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rama Shankar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sr. No.20 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Rama Shankar Mishra, learned counsel for the applicant, Sri
V.K.S. Parmar, learned A.G.A. for the State and perused the material placed
on record.
3. Applicant seeks bail in Case Crime No.137 of 2025, under Sections 3(5),
103(1), 238, 315, 317(2), 61(2) B.N.S., Police Station Kotwali Khalilabad,
District Sant Kabir Nagar, during the pendency of trial.
4. Learned counsel for the applicant has argued that the applicant is
absolutely innocent and has been falsely implicated in the present case. The
informant has exonerated the applicant along with the co-accused persons,
namely Jai Prakash and Shyam Singh, but the charge-sheet has been
submitted on account of the applicant being named in the FIR itself. The FIR
is delayed by about six days, and there is no explanation for the said delay
caused. The applicant has no criminal history and is in jail since 11.02.2026.
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
learned counsel for the parties, the evidence on record, taking into
BAIL No. 9432 of 2026
2
consideration the delay in the institution of FIR, 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- Om Prakash, 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
Checking your session…