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2026 DAILYLAW 10506 (ALL)

RAVINDRA KUMAR v. STATE OF U.P.

BAIL/32453/2026 · 2026-09-27

Vivek Kumar Singh

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 32453 of 2026 Court No. - 72 HON'BLE VIVEK KUMAR SINGH, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant and the learned A.G.A. for the State of U.P. 3. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 93 of 2026, under Sections 140(1), 3/5 of B.N.S., Police Station- Aata, District- Jalaun. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended by learned counsel for the accused-applicant that the accused-applicant is named in F.I.R. dated 02.06.2026 lodged by the Smt. Priyanka with the allegation that the three named including the accused-applicant along with 3-4 anonymous persons had abducted her husband Rohit. It is alleged in the F.I.R. that the informant's husband was returning home from visiting market, when he was intercepted by the accused persons who abducted him. Further contended that there is money transaction between the parties, which led to the alleged abduction. Further contended that it was not the abduction, but the abductee is real relative of the accused- applicant. There was some unpaid money, which the abductee assured to pay, which he was not paying as such, he was accompanied him to Delhi. Further contended that out of the three persons, named in the F.I.R., the complicity of one of the accused Gultu, has not been found during investigation and he has not been charge sheeted. The charge sheet is Versus Counsel for Applicant(s) : Vijay Singh Sengar Counsel for Opposite Party(s) : G.A. Ravindra Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) submitted. The criminal history of three cases the applicant has been well explained in paragraph no. 2 of the supplementary affidavit dated 19.09.2026. It is further submitted that co-accused Ajay has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 24.09.2026 passed in Crl. Misc. Bail Application No. 28714 of 2026. Learned counsel for applicant further submits that applicant has been languishing in jail since 09.06.2026 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 5. Per contra, learned A.G.A. has opposed the prayer for grant of bail to the applicant and submitted that there is ample evidence against the applicant regarding his involvement in the offence, therefore, he is not entitled to be released on bail. 6. I have considered the rival submissions of the parties and perused the record. 7. Having considered the rival submissions advanced by learned counsel for the parties, the nature of accusations, the evidence brought on record, the period of incarceration undergone by the applicant, explanation of criminal antecedents, and without expressing any opinion on the merits of the case, this Court finds that the applicant has made out a case for grant of bail. 8. Accordingly, the bail application is allowed. 9. Let the applicant- Ravindra Kumar who is involved in the aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, BAIL No. 32453 of 2026 2 without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC/ 269 B.N.S. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C./ 84 B.N.S.S., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC/ 209 B.N.S. (iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./ 351 of B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 28, 2026 A.P. Pandey BAIL No. 32453 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- ANAND PRAKASH PANDEY High Court of Judicature at Allahabad