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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 9653 of 2026 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 Versus Counsel for Applicant(s) : Manish Kumar Kashyap, Virendra Pal Singh Counsel for Opposite Party(s) : G.A. Kaif .....Applicant(s) State of U.P. .....Opposite Party(s)
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. May 12, 2026 Vibha Singh BAIL No. 9653 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad