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2026 DAILYLAW 15620 (ALL)

SANDEEP KUMAR v. STATE OF U.P.

BAIL/34489/2026 · 2026-10-06

Krishan Pahal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 34489 of 2026 Court No. - 68 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Manvendra Singh, learned counsel for the applicant, Sri A.K. Shukla, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No. 109 of 2024, under Sections 85, 80(2) BNS and 3/4 Dowry Prohibition Act, Police Station Swaroop Nagar, District Kanpur 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 document pertaining to the treatment of the victim has been filed as Annexure-13 to the affidavit filed with the bail application. The victim was being given psychiatric treatment. It was even opined in the said treatment that the victim was suffering from immediate memory loss. The said documents could not be brought forward earlier on. 5. Learned counsel for the applicant has further argued that there is no criminal history of the applicant. The applicant is languishing in jail since 12.8.2024, as such, period of incarceration is more than two years. The witnesses of fact have already been examined and they have also corroborated the said factum of the earlier treatment of the victim. In case, the applicant is released on bail, he will not misuse the liberty of bail. Versus Counsel for Applicant(s) : Manvendra Singh Counsel for Opposite Party(s) : G.A. Sandeep Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) 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 fact that the witnesses of fact have corroborated the said factum of the earlier treatment of the victim 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- Sandeep Kumar, who is involved in 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 verification of sureties, with the condition that he shall not tamper with evidence or intimidate witnesses and shall appear before the trial court as required. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. 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. October 7, 2026 Shalini BAIL No. 34489 of 2026 2 (Krishan Pahal,J.) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad