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2026 DAILYLAW 3916 (ALL)

LALLAN KUMAR v. STATE OF U.P. AND ANOTHER

BAIL/15022/2026 · 2026-05-04

Yogesh Dubey Joint Registrar Judicial

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 15022 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Shailendra Kumar Gupta, learned counsel for the applicant, Sri J.P. Singh, learned AGA for the State-respondents and perused the record. 2. The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant with a prayer to release him on bail in Case Crime No. 53 of 2024 under Sections 323, 498-A, 377, 506 IPC and 3/4 D.P. Act registered at Police Station Kotwali Dehat, District Mirzapur during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant has been falsely implicated in this case and he has been languishing in jail since 16.4.2026. It is further submitted that applicant has been summoned to face trial in a complaint case. It is further submitted that applicant was granted interim bail by the learned Sessions Court, however, due to communication gap between the applicant and his counsel, he could not appear before the learned Magistrate on the date fixed in his bail application and the same was rejected. He further submits that allegations made in the complaint discloses some matrimonial offence and there is no allegation of commission of unnatural sex between the applicant and the complainant, however, after about two months, the complainant has alleged the said fact in her statement recorded under section 200 Cr.P.C. It is also submitted that the applicant undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of bail to the applicant. 5. Applicant has been summoned to face trial in a complaint case and he was granted interim bail by the learned Sessions Court, however, his bail application was rejected due to non appearance. On perusal of complaint, it appears that there is no averment in the complaint regarding 377 IPC, however, in her statement recorded under section Versus Counsel for Applicant(s) : Mayank Yadav, Shailendra Kumar Gupta Counsel for Opposite Party(s) : G.A. Lallan Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 200 Cr.P.C., she has alleged the commission of said act. Some matrimonial disputes are going on between the complainant and the applicant who is in jail since 16.4.2026. 6. Upon considering the totality of facts, nature and the evidence reflected from record and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is ALLOWED. 7. Let the applicant Lallan Kumar involved in the aforesaid case crime be released on bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :- (i) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 5, 2026 Madhurima BAIL No. 15022 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad