Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 2294 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Ajay Kumar Kashyap, learned counsel for the applicant, Shri Ramendra Pal Singh, learned AGA 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, Nitin Kumar, seeking enlargement on bail in Case Crime No. 385 of 2025, under Sections 316 (5) of the Bharatiya Nyaya Sanhita, 2023, Police Station Budhana, District Muzaffar Nagar, during the pendency of the trial before the Court below. Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 4.12.2025. Learned counsel for the applicant submits that pursuant to the order passed by this Hon'ble Court applicant had deposited an amount of Rs.90,697/- in the bank account of first informant. In support of his contention, he has filed supplementary affidavit annexing the copy of receipts of deposit of money annexed as Annexure-SA1. Learned counsel for the applicant submits that similarly circumstanced co-accused Akash Kumar has already been enlarged on bail by co-ordinate Bench of this Court on 23.3.2026 in Criminal Misc. Bail Application No. 2548 of 2025. Applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Versus Counsel for Applicant(s) : Ajay Kumar Kashyap Counsel for Opposite Party(s) : G.A. Nitin Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
Learned AGA has vehemently opposed the prayer for bail, 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, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Nitin Kumar, 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. May 18, 2026 Ravi Prakash BAIL No. 2294 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad