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2026 DAILYLAW 4015 (ALL)

RAKESH KUMAR v. STATE OF U.P.

BAIL/14057/2026 · 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. - 14057 of 2026 Court No. - 69 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Abhishek, learned counsel for the applicant and Sri C.S. Saran, 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. 410 of 2020, under Sections 409, 420, 467, 468, 471 IPC and Section 3/7 of E.C. Act, registered at Police Station Jani, District Meerut, during pendency of the trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case and he has been languishing in jail since 8.3.2026. It is further submitted that the applicant was granted anticipatory bail by a co-ordinate Bench of this Court for a limited period of 90 days or till submission of police report and the said application was dismissed on the ground that the final report had been submitted. It is further submitted that final report was not accepted and further investigation was directed and the applicant is said to have been arrested. It is submitted that FIR has been lodged after a delay of two years and as per FIR it is alleged that the applicant is said to be owner of PD shop and he is said to have distributed various items to the forged beneficiaries whose names have been struck Versus Counsel for Applicant(s) : Abhishek Counsel for Opposite Party(s) : G.A. Rakesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) off from the list of beneficiaries during May, 2018 to July, 2018. 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. The applicant was granted anticipatory bail by a co-ordinate Bench of this Court for a limited period of 90 days or till submission of police report and final report was submitted, therefore, anticipatory bail application has become infructuous, however, further investigation was directed and the applicant is said to have been arrested. FIR has been lodged after a delay of two years and as per FIR it is alleged that the applicant is said to be owner of PD shop and he is said to have distributed various items to the forged beneficiaries whose names have been struck off from the list of beneficiaries during May, 2018 to July, 2018. 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- Rakesh 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. BAIL No. 14057 of 2026 2 (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 Abhishek BAIL No. 14057 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad