Allahabad High Court
KAIFversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court held that bail should be granted to the accused.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of Kaif, who had been in custody since 20 September 2025 for offences under Sections 115(2), 333, 109(1), 118(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. The applicant’s counsel argued that he is innocent, has no motive, no prior criminal record and that the charge‑sheet had already been filed, making further custodial interrogation unnecessary. The State, represented by the Advocate General, opposed bail but did not dispute these factual submissions. The court examined the seriousness of the allegations, the possibility of witness tampering, and the prima facie case, and concluded that bail could be granted subject to strict conditions. Accordingly, the court ordered the release of Kaif on personal bond and two sureties, imposing conditions against evidence tampering, criminal activity, intimidation of witnesses, and mandatory court appearances.
Issues considered
- Whether the accused is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the nature of the offences and the evidence.
- Whether there exists a risk of tampering with witnesses or evidence that would justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 333, 351(3)
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Bharatiya Nyaya Sanhita
- witness tampering
- conditions of bail
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 9653 of 2026
Kaif
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Kumar Kashyap, Virendra Pal
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Counter affidavit and rejoinder affidavits filed today in the Court, which are
taken on record.
Heard Shri Virendra Pal Singh, learned counsel for the applicant, Shri
Shashank Singh, learned Brief Holder for the State-respondents and perused
the record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, seeking
enlargement on bail in Case Crime No. 486 of 2025, under Sections 115(2),
333, 109(1), 118(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police
Station Sahawar, District Kasganj.
Learned counsel for the applicant submitted that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is further submitted that the applicant has been languishing in
jail since 20.09.2025.
Learned counsel for the applicant further contended that the applicant has
no motive to commit the alleged offence. It is also submitted that the
charge-sheet has been submitted on 07.11.2025 and cognizance has been
taken on 17.12.2025, and therefore, no further custodial interrogation is
required in the matter.
It is further submitted that the applicant has no criminal antecedents and
BAIL No. 9653 of 2026
2
there is no likelihood of the applicant fleeing from the course of justice or
tampering with the prosecution evidence in the event of his release on
bail. Accordingly, prayer has been made to enlarge the applicant on bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant,
but could not dispute the aforesaid fact.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie case, but without commenting on merit of case, a case for bail is made
out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Kaif, involved in above mentioned case crime
number be released on bail, on his executing a personal bond and two
reliable sureties each, in the like amount to the satisfaction of the court
concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-
operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court,
unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 12, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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