Allahabad High Court
AKASH SAINIversusSTATE OF U.P.
- Decided
- Bench
- KRISHAN PAHAL
Holding
The court held that the applicant had made out a case for bail and granted it.
Summary
The applicant, Akash Saini, sought bail in a criminal case (Crime No. 229 of 2025) alleging false implication. He argued that the FIR was filed more than a day after the alleged incident and that he was first mentioned only in a delayed statement by a relative of the informant. No other evidence linked him to the crime, and he had no prior criminal record. The State opposed bail, but the court noted the delay in the FIR, the questionable credibility of the witness, and the lack of substantive evidence. Finding a prima facie case for bail, the court ordered his release on personal bond and sureties with standard conditions.
Issues considered
- Whether the delay in filing the FIR and recording the witness statement warrants granting bail.
- Whether the absence of direct evidence and the applicant's claim of innocence justify bail.
- Whether the applicant's lack of criminal history influences the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 3(5)
- Indian Penal Code — s. 103(1)
Subjects
- bail
- false implication
- FIR delay
- prima facie
- sureties
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9459 of 2026
Akash Saini
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Sushil Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 66
(Sr. No.24 out of 116)
HON'BLE KRISHAN PAHAL, J.
1. List has been revised.
2. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri
Ram Mohit Yadav, learned A.G.A. for the State and perused the material
placed on record.
3. Applicant seeks bail in Case Crime No.229 of 2025, under Sections
103(1), 3(5) BNS, Police Station Jansath, District Muzaffar 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
FIR is delayed by more than one day and there is no explanation of the said
delay caused. The applicant is not named in the FIR and his name has come
up for the first time in the statement of one Chandrapal Saini, who happens
to be a family member of the informant.
5. Learned counsel for the applicant has further argued that the said
statement was recorded belatedly on 22.12.2025, i.e. after a delay of five
days from the FIR and the applicant is stated to have been seen by him
alongwith the deceased person. There is no other evidence against the
applicant whatsoever. The applicant has no criminal history and is in jail
since 18.12.2025. He undertakes to cooperate with the trial and not misuse
the liberty of bail.
BAIL No. 9459 of 2026
2
6. 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.
7. Considering the facts and circumstances of the case, submissions made by
learned counsel for the parties, the evidence on record, taking into
consideration the delay in institution of FIR coupled by the fact that the
witness of last seen Chandrapal Singh is the relative of the informant, but he
did not care to nominate the applicant for five days, 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.
8. Let the applicant- Akash Saini, 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.
9. 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
Vikas Verma
Digitally signed by :-
VIKAS VERMA
High Court of Judicature at Allahabad
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