Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9567 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J.
1. Heard Ms. Anjali Singh Tomar, learned counsel for the applicant; Sri Sandeep Tripathi, learned counsel for the informant and Sri Kunwar Tejendra Bahadur, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 449 of 2025, under Sections 308(5) & 351 (2) BNS, Police Station Khatauli, District Muzaffar Nagar, during pendency of the trial in the court below. 3. Learned counsel for the applicant submitted that however, there is allegation of extortion against the applicant but except allegation admittedly informant did not give any money to the applicant. 4. She further submitted that actually informant is inimical with the applicant and therefore, he implicated the applicant in the present matter. 5. She further submitted that however apart from the present case applicant is having criminal history of six other cases but out of six cases in three cases simultaneously he has been made accused alongwith present matter and in all the cases he is on bail. 6. She further submitted that applicant is in jail in the present matter since 11.12.2025. 7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that applicant is hardened criminal and he used to extort money from innocent people but they fairly conceded except the allegation of threatening there is neither any evidence nor allegation that informant paid any money to the applicant. 8. They also could not dispute the fact that in all the previous cases applicant is on bail and in the present matter applicant is in jail since 11.12.2025. 9. I have heard learned counsel for the parties and perused the record of the case. Versus Counsel for Applicant(s) : Anjali Singh Tomer, Gaurav Singh Tomar, Inder Pal Singh Tomar Counsel for Opposite Party(s) : G.A., Sandeep Tripathi Vinay Jain @ Kikki Jain .....Applicant(s) State of U.P. .....Opposite Party(s)
10. However, there is allegation of extortion against the applicant but admittedly informant did not give any money to the applicant with regard to the threat of extortion given by applicant to him. 11.
Further, it appears apart from the present case applicant is having criminal history of six other cases but it reflects in three cases alongwith the present case he has been made accused and in all the cases including three previous criminal history, applicant is on bail. 12. Further, in the present matter, applicant is in jail since 11.12.2025. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant-Vinay Jain @ Kikki Jain, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. May 7, 2026 Ankita BAIL No. 9567 of 2026 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad