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2026 DAILYLAW 3950 (ALL)

KUNAL v. STATE OF U.P.

BAIL/13982/2026 · 2026-05-04

Ashutosh Srivastava

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13982 of 2026 Court No. - 68 HON'BLE ASHUTOSH SRIVASTAVA, J. Heard Shri Pavan Kumar, learned counsel for the applicant, Shri Vijendra Kumar, 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, Kunal, seeking enlargement on bail in Case Crime No. 58 of 2026, under Sections 123, 61(2), 305(A), 317 of the Bharatiya Nyaya Sanhita, 2023, Police Station Nehtaur, District Bijnor, during the pendency of the trial before the Court below. Learned counsel for the applicant submits 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 in jail since 28.02.2026. In the F.I.R. dated 26.02.2026, the applicant is not named and has been implicated only on account of being the real brother of the main accused, namely Naveen Kumar. Learned counsel further contends that the alleged recovery of Rs. 80,000/- is false and has been planted by the police, and in fact nothing was recovered from the possession of the applicant. It is submitted that there is no direct or indirect evidence against the applicant. It is also submitted that the applicant has no criminal antecedents and there is no likelihood of his fleeing from the course of justice or tampering with the evidence in case he is released on bail. Accordingly, it is prayed that the applicant be enlarged on bail. Versus Counsel for Applicant(s) : Dilip Kumar, Pavan Kumar Counsel for Opposite Party(s) : G.A. Kunal .....Applicant(s) State of U.P. .....Opposite Party(s) Learned AGA has vehemently opposed the prayer for bail. 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, Kunal , 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 5, 2026 Vibha Singh BAIL No. 13982 of 2026 2 (Ashutosh Srivastava,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad